HARBOR MARINA S-N WAVE ATTENUATOR REPLACEMENT - 23-0030-MASECTION V
CONTRACT DOCUMENTS
Table of Contents
PUBLIC CONSTRUCTION BOND 1
CONTRACT 4
CONSENT OF SURETY TO FINAL PAYMENT 8
PROPOSAL/BID BOND 9
AFFIDAVIT 10
NON -COLLUSION AFFIDAVIT 11
PROPOSAL 12
CITY OF CLEARWATER ADDENDUM SHEET 14
BIDDER'S PROPOSAL 15
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA
CERTIFICATION FORM 19
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM 20
SECTION V Page i Updated: 7/9/2025
SECTION V — Contract Documents
Bond No.:
PUBLIC CONSTRUCTION BOND
(1)
This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under
this bond for payment must be in accordance with the notice and time limitation provisions in subsections
(2) and (10).
Pursuant to § 255.05(1)(b), Florida Statutes, "Before commencing the work or before recommencing the
work after a default or abandonment, the contractor shall provide to the public entity a certified copy
of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt
payment for construction services, the public entity may not make a payment to the contractor until the
contractor has complied with this paragraph."
CONTRACTOR
Kelly Brothers, Inc. [name]
Principal Name
15775 Pine Ridge Rd.
SURETY OWNER
Principal Name
[Address,Line 1�
Fort Myers, FL 33908 [Address Line 2],
Principal Business Address Principal Business Address
[phonemmnumber]
Principal Phone Number Principal Phone Number
City of Clearwater
Public Works
PO Box 4748
Clearwater FL 33758-4748
(727) 562-4750
PROJECT NAME: Harbor Marina S -N Wave Attenuator Replacement
PROJECT NO.:23-0030-MA
PROJECT DESCRIPTION: The scope of this project includes the replacement of 4 floating wave
attenuators on the marginal wharf and A -Dock, one finger pier, electrical and mechanical utilities within
the project area, and replacement of cable -connections within the floating dock to accommodate the
removal of the wave attenuators.
The wave attenuators will be replaced by 3 13 -foot -wide wave attenuators in the orientation presented on
the drawings. Due to the alignment and size of floating docks to be removed and anticipated to be replaced
with, a small gangway is needed to bridge the gap between the new and existing attenuators on A -
Dock. Also, a new piles including pile guides as shown on the drawings will need to be installed to anchor
the remaining portions of the marginal wharf.
The work also includes replacing the water, fire and electrical lines that run along the dock from the
marginal wharf through A -dock due to damage from the hurricane and replacement needed based on the
removal and replacement of floating wave attenuators.
Additionally, the contractor shall replace the transition plates at the south end of A -Dock from the previous
attenuator replacement that were damaged during Hurricane Helene, as well as fixing the pile sleeves that
were also damaged during the hurricane
BY THIS BOND, We, , as Contractor, and
, a corporation, as Surety, are bound to the
SECTION V Page 1 of 20 Updated: 7/9/2025
SECTION V — Contract Documents
City of Clearwater, Florida, herein called Owner, in the sum of $[4,331,0274.80], for payment of which we
bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the contract dated , between Contractor and Owner for construction
of Harbor Marina S -N Wave Attenuator Replacement, the contract documents being made a part
of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety
Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix,
and such alterations as may be made in said Plans and Specifications as therein provided for), at
the times and in the manner prescribed in the contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in
the prosecution of the work provided for in the contract; and
SECTION V Page 2 of 20 Updated: 7/9/2025
SECTION V — Contract Documents
Bond No.:
PUBLIC CONSTRUCTION BOND
(2)
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that Owner sustains because of a default by Contractor under the contract; and
4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their
officers and employees, from liabilities, damages, losses and costs, including, but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional
wrongful misconduct of Contractor and persons employed or utilized by Contractor in the
performance of the construction contract; and
5. Performs the guarantee of all work and materials furnished under the contract for the time specified
in the contract, then this bond is void; otherwise, it remains in full force.
6. Any action instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255.05(2), Florida Statutes.
7. Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes do not affect Surety's obligation under this
bond, and Surety does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of
20
(If sole Ownership or Partnership, two (2) Witnesses are required).
(If Corporation, Secretary only will attest and affix seal).
Kelly Brothers, Inc.
By:
Title:
Print Name:
WITNESS: WITNESS:
Corporate Secretary or Witness Print Name:
Print Name:
(affix corporate seal)
(Corporate Surety)
By:
ATTORNEY-IN-FACT
Print Name:
(affix corporate seal)
(Power of Attorney must be attached)
SECTION V Page 3 of 20 Updated: 7/9/2025
SECTION V — Contract Documents
CONTRACT
(1)
This CONTRACT made and entered into this "day of m4 , 20 by and between the City
of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Kelly Brothers,
Inc., of the City of Fort Myers County of Lee and State of Florida, hereinafter designated as the
"Contractor".
[Or, if out of state:]'
This CONTRACT made and entered into
of Clearwater, Florida, . a municipal
I'
business
in ' 'the State of ; Florida,1
andState
WITNESSETH:
this day of , 20 by and between the. City
corporation, hereinafter designated as the "City", and
, a/an (State) Corporation authorized to 'do
of ,.the City of County _ of
of , hereinafter designated as.the "Contractor
That the parties to this contract each in consideration of the undertakings, promises and agreements on the
part of the other herein contained, do hereby undertake, promise, and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums
of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own
cost and expense perform all labor, furnish all materials, tools and equipment for the following:
PROJECT NAME: Habor Marina S -N Wave Attenuator Replacement
PROJECT NO.: 23 -0030 -MA
in the amount of $4,331,027.80
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any advertisement,
instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto
attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract,
and all of said work to be performed and completed by the contractor and its successors and assigns shall
be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the Contractor,
then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the
right to proceed to complete such work as Contractor is obligated to perform in accordance with the
provisions as contained herein.
SECTION V Page 4 of 20 Updated: 7/9/2025
SECTION V — Contract Documents
CONTRACT
(2)
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE
TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT
AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT
OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS,
STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE
CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF
SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS
CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB
CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES
BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR
EMPLOYEES, TO THE LIMITS OF § 725.06(2).
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to discriminate
against any employee or applicant for employment because of race, sex, religion, color, or national origin.
The aforesaid provision shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post
hereafter in conspicuous places, available for employees or applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub -contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event
that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then
further agreed that the City may deduct from such sums or compensation as may be due to the Contractor
the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains
incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely
represent damages which the City has sustained by reason of the failure of the Contractor to complete the
work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but
is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work
within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of this
contract and the public construction bond which is attached hereto for the faithful performance of the terms
and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases
to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional
bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City.
If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions
of this contract until such new or additional security bond guaranteeing the faithful performance of the work
under the terms hereof shall be completed and furnished to the City in a form satisfactory to it.
SECTION V Page 5 of 20 Updated: 7/9/2025
SECTION V — Contract Documents
CONTRACT
(3)
In addition to all other contract requirements as provided by law, the contractor executing this agreement
agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, Rosemarie Call, City Clerk, at Rosemarie.Call@myclearwater.com, 727-562-4092,
600 Cleveland St., 6th Floor, Clearwater, FL 33756.
The contractor's agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter "public
agency") to perform the service being provided by the contractor hereunder.
b) Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida
Statutes, as may be amended from time to time, or as otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public agency
to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency's
custodian of public records, in a format that is compatible with the information technology
systems of the public agency.
e) A request to inspect or copy public records relating to a public agency's contract for services
must be made directly to the public agency. If the public agency does not possess the requested
records, the public agency shall immediately notify the contractor of the request and the
contractor must provide the records to the public agency or allow the records to be inspected or
copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the
public agency's request for records, the public agency shall enforce the contract provisions in
accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records relating to a
public agency's contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the public
records request within a reasonable time; and
SECTION V Page 6 of 20 Updated: 7/9/2025
SECTION V — Contract Documents
CONTRACT
(4)
2. At least 8 business days before filing the action, the plaintiff provided written notice of the
public records request, including a statement that the contractor has not complied with the
request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of public
records and to the contractor at the contractor's address listed on its contract with the public
agency or to the contractor's registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be in an electronic
format.
j) A contractor who complies with a public records request within 8 business days after the notice
is sent is not liable for the reasonable costs of enforcement.
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have
executed this Agreement, the day and year first above, written.
CITY OF CLEARWATER
IN PINELLA COUNTY FLORIDA
By:
Je i r'fer`'oirrier
City Manager
Countersigned:
By:
Bruce Rector
Mayor
Contractor must indicate whether:
V Corporation,
Partnership,
Rosemarie Call
City C erk
Appro i ; s to form:
Jerrod " 'T on
Senior 1 sistant City Attorney
Company, or
Kelly Brothers, Inc.
(Contractor)
By:
Print Name:
Title:
Individual
The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title;
where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the
Corporation — provide Affidavit.
SECTION V Page 7of20
Updated: 7/9/2025
SECTION V — Contract Documents
CONSENT OF SURETY TO FINAL PAYMENT
TO OWNER: City of Clearwater PROJECT NAME: Habor Marina S -N Wave Attenuator
Replacement
Public Works PROJECT NO.: 23 -0030 -MA
100 S Myrtle Ave CONTRACT DATE: [
Clearwater, FL 33756 BOND NO.: [ J, recorded in O.R. Book [
Page [ .1, of the Public Records of Pinellas County, Florida.
CONTRACTOR: Kelly Brothers, Inc.
Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between
the Owner and the Contractor as indicated above, the:
[insert name of SuretA
[address
'address SURETY,
on bond of
Kelly Brothers, Inc.
15775 Pine Ridge Rd.
Fort Myers, FL 33908 CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor
shall not relieve Surety of any of its obligations to
City of Clearwater
Public Works
PO Box 4748
Clearwater, FL 33758-4748, OWNER,
as set forth in said Surety's bond.
IN WITNESS WHEREOF, the Surety has hereunto set its hand this day of
Attest:
(Seal):
(Surety)
(Signature of authorized representative)
(Printed name and title)
SECTION V Page 8 of 20 Updated: 7/9/2025
SECTION V — Contract Documents
PAOPOSAL/BID BOND
(Not to be filled out if a certified check is submitted)
KNOWN 41, MEN BY THESE PRESENTS: That we, the undersigned, Ke11y-Brothecs;ilnc.... __.
157Pine Ridge Roadr'Fort MverssFlorida 3390s as Contractor, and U, $:,Speci
75iSpecialty Insurance Company
as' Surety;, whose address is ' 13403 N'ortiiwest I'ieewait
;,are held and ftrinlybound unto the City
of Clearwater, Florida, in the sum Of FourHundredThirty -Three Thousand, One Hundred Two and 78/100 Dollars
($ 43331102.78 ) (beinga minimutn'of 10% of Contractor's total bid amount) for the payment of which,
well and truly to be made; we hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns.
Houston, Texas 77040
The condition of the above obligation is such that if the attached Proposal of... Kelly. Brothers._Inc.
as Contractor; and u. s. eciatty Insurance Company _ as Surety, for
work specified as:
HariiorM a'S- W:v t +.r
all as `stipulated in Said' Proposal, by doing all work incidental thereto, in accordance.*ia .ti e plans and
specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the
above named bidder, and the said bidder shall within ten days after notice of said award enter into a contract,
in writing, and furnish the required Public Construction Bond with surety or sureties to be approved by the
City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue by law and
the full amount of this Proposal/Bid Bond will be paid to the City as stipulated or liquidated damages.
Principal must indicate whether:
X Corporation, Partnership,
Company, or
Individual
Signed this 26th day of. February , 20,26 a _:
KELLY BROTHERS, INC.
Contractor
1),60104
By: r r re Sr
'Title .
U.S. SPECIALTY INSURANCE COy�PANY-
SuretytW i' 1�ttoro lofatt
M.�«•,iAgent t23s?27St3228:.,
The person signing shalh:in,his own ltaadwriting, sign the _ opal's name; his own' iii(9, itd h1� rile; _
where the personfis signing for a Corporation, he must, by Affidavit, show his authority to iyjt d tits `
Corporation — provide Affidavit. ?1
SECTION V Page 8 of 16
Updated: 6/3/2024
t'117'1: TOKIO MARI I\IE
HCC
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BYtiTotsg A:610-100,9prqapt„friOrrjpity, Company, atCelifb_rhia:ccrObt40tibei, TeiitWpanding
Company, an assumectiderne:;pt AmeriCart:C*ttraCtot*-Ingetfnity'PorhpanY;:qiiited States Sureti:porriPatiY;:il‘,Aa4liirOCtirptiration and
U.S. Specialty I nsurance,Cbb)pany, a'Texas''cdrporatiOrt_.{collectively 'the ''Cornpanies '), do by these preentSmake,c.bitstiitute,and
appoint:
Wendy Hingson of Fort Myers, Florida
, . .
its trte:Airt;tavVIOl Attorney(s)-in-fact, ei:olti.ln*eir,S0Eitate;015ictty;ifenii*tridk-citiON:Onlial - 409ye6witt(fillt power and authority
, .
hereby conferred its name, place and!.if4a,o*x=ooto;:;adk0000ge:o4*oo:-Okfi0*tikOt*i;tiicVit*noi;*0:frt*i!10
or chlf05144iiirrients or contracts ofitieetyshiPio'latclude:'iiderg';'41iieniltiietitii'andOnOant.g::*:gurety,. priiiiidirkliii,43orici
p0041*-40AiT'(1:010eceic, '—'= .' ;:l..._:„IiL'":”M
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;016),*i0i*:46#640.:Iiiiti(00::,OyM4,-141•eirs(0049i*Oill )1.;c441,i4idelit.,,,oiiiiie(eikry or any Assistant Secretary shall be and is hereby
iiyeStediiiiiiithi, fultiiikeiiiiet:iiatid:iiietherity,itid-40000*erteiimerel,S4itOteiAetsen*a*Atterheiii(S)lin-Fact to represent and act for and on behalf 01 the
...gtiiyi:****tfo:iti*-."fail604, provisions:
4e*ri0=iiii0001?1*ikri1411PPWifa4..*ti:50Y, kii0:46:Ifie '.iii*O,*):ii':.iii behalf :dip* P9*-0;,„4-.,xpp4,*-PCIOri9P, 1940. 04if.u.any
indial!bOttls,.,.(09:jet;anceS;:iiitirjaCtS.'„agrOlix.entOr irittertipttyand.,9ther'*riiiitiohafi‘iori.:014atotitindertakiiii0S4ricitickg any and
10,. itjei:,:rOea*:offret#i*t:*ft:A*O*tilet:*e*gitat**O§f*itg*:d',*i:strOfiiic*FliiiItiaeit;,ariO:*00:ai(!1aEIOt-;-i4":06Oti!1*ti •
canCetingii(ierniinitifig.thi;CrehOnNtatillitY'', thiiifffia04`,-aiiii*O.'efigli.iiii*iiiiiiitt so executed iiiiii4ilidi'AOrtieiAri*$atsh'itiitificdteig- *6
.,.;the c4niwiy A051gried oy:4ie?t#0§ttit..460,0410,0nd-eftedied:lby,146P#p*cali SOetary,„:".•-•' -
•.i'Oeitilgebh*.lpp('. .(1.4,(049#0„i*r97(.4#tti:ikittio:04,001,-,'a,00:;.44**Oom:00,4retefote Or, hereafter affixed to any power of attorney or any
0(tItIcate,014tirrtitheeet41?yfaCiifnite:and,Onyir*4,OatOrhe*ca010te%beairing fakaiMiteliii.signature or facsimile seal shall be valid and binding
upon theCon1pfly with respect to any b�nd oc unctertaking lo which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
le day ofFebettay2024,
til
so
.4'.(!Z!,-.:
. es ,4p.CT ' *e‘"AMERICAN CONTRACTORS INDEMNITY COMPANY, TEXAS
'
,4•••.„.:07‘
4 -
,...cow . J., .,',..1;,,,.. ".,..,
_,lni
,,,,
BONDING COMPANY, uNITEp STATES SURETY COMPANY,
U.S:-.'SPE,.7 A:AY:INSURANCE COMPANY
4AVO
AFislorowi,t, .
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Nioiiikiio' '1 ' ' - — ' -- - D P Aguilar:, ice Pres" ent
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41"42,10ie
' A Notary Public or other officer completing this certifidate-.XrerifiObolythe-ideritity-Of2,01eIndiVidual who signed the document to which
:this':dettifidatelsattaahed:and not the truthfulnea;:accureOY06e8ialiditibl.that document._
State of California
County of Los Angeles
On this 1' day' ”.otiFebrtiary.'2024° before me,D. Littlefietd, a notary public, ,petpofialt$iappearedbiti161 •
• - •
American Conractors Indcnrnity Company, Texas Bonding ornpany, United Statei,'SaretYcOcirripbny'and,,U.S.SPecieltY iInsurance
Conipany who proved to mo on the basis oE satistactory evidence 10 be the person whose name is subscribed to the v4lhin inslrurnent
and ackncwlodged to me that he executed the same in jS authorized capaciiy, and that by
his signature ***0,-;
orlhe enlityruoli behalf ofOA'ohati,f instrument&ed(te4466-'`
" —
I certify under PENALTY OF,PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand ancl-LOffi ' 'seal.
i
Signature • (seal)..
O. UTREFWID
notary Pubtk • ConimMs
Commission 127-57i
Comm. Wire{ Jul 11. 202b'
I, Kio Lo, Asgistant Secretary of American Contractors Indemnity Company, Texass Bonding Company, United States Surety
Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power 1
of Attorney, executed by said Companies, which is still in full force and effect furthermore, the resolutions of the Boar 01
set out in the Power of Attorney are in full force and effect
Wit Whereof ,--,1.:
',,:•.day
of -
Bond No.
Agency No. - 17050,,
c;iiritil set my hand - 9
of said Companies at Los
and affixed the seals
Itr-OX:AgED
Sein
„0*.tr
f "re friformation
visit trnhco:com/sure y or mo
SECTION V — Contract Documents
AFFIDAVIT
(To be filled in and executed if the bidder is a corporation)
STATE OF FLORIDA,
COUNTY OF Lee )
Travis Kelly , being duly sworn, deposes and says that he/she is
Assistant Secretary of Kelly Brothers, Inc.
a corporation organized and existing under and by virtue of the laws of the State of Florida, and having its
principal office at:
15775 Pine Ridge Road Fort Myers Lee FL
(Street & Number) (City). (County) (State)
Affiant further says that he is familiar with the records, minute books and by-laws of
Kelly Brothers, Inc.
(Name of Corporation)
Affiant further says that Dane Kelly is President
(Officer's Name) (Title)
of the corporation, is duly authorized to sign the Contract for Harbor Marina S -N Wave Attenuator Replacement
Project No.: 23 -0030 -MA
or said corporation by virtue of NA
(state whether a provision of by laws or a Resolution of
Board of Directors. If by Resolution e date of adoption).
Travis Kelly, Assistant Secretary
Travis Kelly, Vice President
Affiant Kelly Brothers, Inc,
15775 Pinc Ridge Road, Fort Myers, FL 33908
State of Incorporation: Florida
Sworn to before me this 5th day of March , 20 26
ortc,ANN MARIE AE$ HUUAN
* * commission' HH 356598
%Or ol Expires February 11, 2027 0
c a � &
Notary Public
Ann Marie Aeschliman
Type/print/stamp name of Notary
Office Manager, Notary Commission # HH356598
Title or rank, and Serial No., if any
SECTION V Page 9 of 16 Updated: 6/3/2024
SECTION V — Contract Documents
AFFIDAVIT
(To be filled in and executed if the bidder is a corporation)
STATE OF FLORIDA
COUNTY OF Lee )
Travis Kelly , being duly sworn, deposes and says that he/she is
Assistant Secretary of Kelly Brothers, Inc.
a corporation organized and existing under and by virtue of the laws of the State of Florida, and having its
principal office at:
15775 Pine Ridge Road Fort Myers Lee FL
(Street & Number) (City) (County) (State)
Affiant further says that he is familiar with the records, minute books and by-laws of
Kelly Brothers, Inc.
(Name of Corporation)
Affiant further says that Dane Kelly is President
(Officer's Name) (Title)
of the corporation, is duly authorized to sign the Contract for Harbor Marina S -N Wave Attenuator Replacement
Project No.: 23 -0030 -MA
or said corporation by virtue of NA
(state whether a provision of by laws or a Resolution of
Board of Directors. If by Resolution a date of adoption).
Travis Kelly, Assistant Secretary
Travis Kelly, Vim Resident
Affiant Kelly Brothers, Ire
15775 rine Ridge Road, Fort Myna. FL 33908
State of Incorporation: Florida
Sworn to before me this 5th day of March , 20 26 .
ANN MARIEAESC II.WN
* * Commission it HH 366541E
44 ET
'-OF 6.0 Expires February 11,2027 .
eciLtAL&,co-r
Notary Public
Ann Marie Aeschliman
Type/print/stamp name of Notary
Office Manager, Notary Commission # HH356598
Title or rank, and Serial No., if any
SECTION V Page 9 of 16 Updated: 6/3/2024
SECTION V — Contract Documents
NON -COLLUSION AFFIDAVIT
STATE OF FLORIDA
COUNTY OF Lee )
Dane Kelly being, first duly sworn, deposes and says that he is
President .. of Kelly Brothers, Inc.
the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that
said bidder is not financially interested in or otherwise affiliated in a business way with any other bidder
on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly,
with any bidders or person, to put in a sham bid or that such other person shall refrain from bidding, and
has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or
conference, with any person, to fix the bid price or affiant or any other bidder, or to fix any overhead, profit
or cost element of said bid price, or that of any other bidder, or to secure any advantage against the City of
Clearwater, Florida, or any person or persons interested in the proposed contract; and that all statements
contained in said proposal or bid are true; and further, that such bidder has not directly or indirectly
submitted this bid, or the contents thereof, or divulged information or data relative thereto to any association
or to any member or agent thereof.
Dine KtIly. President
Kelly Brothers; Inc
15775 Pine Ridge Road. Fort Myers, F133918
State of Incorporation: Florida
Sworn to and subscribed before me this 25th.day of ..February. , 20 26
Notary Public Ann Marie Aeschliman
40!1:1.P.'; , ANN MIRIEAESCHUMAN
« Colmlbalon8HH354608
0f Pc Eipkirs Febfuery 11, 2027
11.
SECTION V Page 10 of 16 Updated: 6/3/2024
SECTION V — Contract Documents
PROPOSAL
(1)
TO THE CITY OF CLEARWATER, FLORIDA, for
Habor Marina S -N Wave Attenuator Replacement (23 -0030 -MA)
and doing such other work incidental thereto, all in accordance with the contract documents, marked
Habor Marina S -N Wave Attenuator Replacement (23 -0030 -MA)
Every bidder must take notice of the fact that even though his proposal be accepted and the documents
signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of the
City of Clearwater, Florida, that no such award or signing shall be considered a binding contract without a
certificate from the Finance Director that funds are available to cover the cost of the work to be done, or
without the approval of the City Attorney as to the form and legality of the contract and all the pertinent
documents relating thereto having been approved by said City Attorney; and such bidder is hereby charged
with this notice.
The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties
interested in this Proposal, are named in this Proposal, that he has carefully examined the Advertisement,
Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conditions,
Special Provisions, and Public Construction Bond, that he or his representative has made such investigation
as is necessary to determine the character and extent of the work and he proposes and agrees that if the
Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form of contract; hereto
annexed, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, do all the
work required to complete the contract within the time mentioned in the General Conditions and according
to the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the
required surety bonds for the following prices to wit:
If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall
fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may, at
its option determine that the undersigned has abandoned the contract, and thereupon this Proposal shall be
null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to become the
property of the City of Clearwater, Florida, and the full amount of said check shall be retained by the City,
or if the Proposal Bond be given, the full amount of such bond shall be paid to the City as stipulated or
liquidated damages; otherwise, the bond or certified check accompanying this Proposal, or the amount of
said check, shall be returned to the undersigned as specified herein.
SECTION V Page 12 of 20 Updated: 7/9/2025
SECTION V — Contract Documents
PROPOSAL
(2)
Attached hereto is a bond or certified check on
NA Bank, for the sum of
Four Hundred Thirty - Three Thousand, One Hundred Two and 78/100 Dollar
(being a minimum of 10% of Contractor's total bid amount).
S; 433,102.78 )
The full names and residences of all persons and parties interested in the foregoing bid are as follows:
(If corporation, give the names and addresses of the President and Secretary. If a firm or partnership, the
names and addresses of the members or partners. The Bidder shall list not only his name but also the name
of any person with whom bidder has any type of agreement whereby such person's improvements,
enrichment, employment or possible benefit, whether sub -contractor, materialman, agent, supplier, or
employer is contingent upon the award of the contract to the bidder).
NAMES`: ADDRESSES:,
Dane Kelly, President, Secretary, Treasurer 15775 Pine Ridge Road, Fort Myers, FL 33908
Travis Kelly, Vice .l re iideiit; Assistant Secretary . 15775 Pine Ridge Road, Fort Myers, FL 33908
Signature of Bidder.,>l-�
{3775 Pine Ridge Road, Fort .lym. I1,33909
The person signing shall, in his own handwriting, sign the Principal's riame,"h shown name and his title.
Where the person signing for a corporation is other than the President or Vice President, he must, by
affidavit, show h}authonty,.to bind the corporanon
Principal:
By Dane Kelly
Dane Kelly. Prendenl
Kelly Rralhen. Inc
15775 Pine Ridge Raaf. Pnr, Mars, D.33905
A.m of Inrorpununn Florida -
Company Legal Name: Kelly Brothers, Inc.
Title:. President ...__.
Doing Business As (if different than above): NA ,.----
Business Address of Bidder: 15775 Pine Ridge Road
City and State: Fort Myers, FL
Phone: 239-482-7300 Email Address estimating@kellybrosnet
Dated at 10:OOam
Zip Code 33908
;this 26th_ day of February ;A.D., 2026.
SECTION V Page 12 of 16 Updated: 6/3/2024
PROJECT
23iU36=,
SECTION V —Contract Documents
CITY OF CLEARWATER
ADDENDUM SHEET
rind=S N Wave Attenuator Replacement
Acknowledgment is hereby made of the following addenda received since issuance of Plans and
Specifications.
Addendum No. .
Date: .,01/07/2026..
Addendum No. 2 Date: 01129/2026 -. -
Addendum No. 3 Date: 01/30/2026
Addendum No. 4 Date: 02/18/2026
Addendum No. Date:
Addendum No., . Date:
Addendum No.
Addendum No. ..
Addendum No.
Addendum No.
Date:
Date:
Date:
Date:
Addendum No., Date:
Kelly Brothers, Inc.
(Name of:i3idd
President
of Officer
DaneKelly,Pieeident --
Kelly Brothers, Inc„
15775 Pine Ridge Road, Fort Myers, FL 33908
State of Incorporation: Florida
(Title of Officer)
F riiar 25 2026.`
(Date)
SECTION V Page 13 of 16 Updated: 6/3/2024
SECTION V — Contract Documents
BIDDER'S PROPOSAL
PROJECT: PROJECT NAME (PROJECT#)
Harbor Marina S -N Wave Attenuator Replacement - 23 -0030 -MA
CONTRACTOR: Kelly Brothers, Inc.
BIDDER'S GRAND TOTAL: $ 4,331,027.80 (Numbers)
BIDDER'S GRAND TOTAL:
Four million, Three Hundred Thirty -One thousand, Twenty -Seven and 80/100 Dollars
(Words)
Insert*Bid:TabhTable Here
Bid Tab Table Following this Page
THE BIDDER'S GRAND TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT
PRICES AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED
FOR EACH SECTION. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF
OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES
AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE
BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE
SHALL GOVERN.
THE CONTRACTOR SHALL PROVIDE COPIES OF A CURRENT CONTRACTOR LICENSE/
REGISTRATION WITH THE STATE OF FLORIDA AND PINELLAS COUNTY IN THE BID
RESPONSE.
Current copies of license/registrations have been provided in the "Licensing and Registrations" section.
SECTION V Page 14 of 16 Updated: 7/9/2025
SECTION V — Contract Documents
BIDDER'S PROPOSAL
PROJECT: Habor Marina S -N Wave Attenuator Replacement (23 -0030 -MA)
CONTRACTOR:
BIDDER'S GRAND TOTAL: $ (Numbers)
BIDDER'S GRAND TOTAL:
(Words)
23 -0030 -MA Clearwater Harbor Marina S -N Attenuator Replacement
Kelly Brothers,
Inc.
Line
Item
Description
Quantity
Unit of
Measure
Unit Cost
Total
BID
ITEMS
1
Contractor
Mobilization
1
LS
$362,717.00
$362,717.00
2
Bonding fees and
insurance
1
LS
$40,500.00
$40,500.00
3
General Conditions
1
LS
$4,969.00
$4,969.00
4
Demo and Removal
of attenuators and
piles
1
LS
$288,551.00
$288,551.00
5
Provide and Install
wave attenuators
including Finger Pier
and Protection
Bollard
1
LS
$1,099,096.00
$1,099,096.00
5a
Provide and Install
total of seven (7)
30" diameter steel
pipe piles
389
LF
$1,172.00
$455,908.00
SECTION V
Page 15 of 20
Updated: 7/9/2025
SECTION V —Contract Documents
5b
Provide and install
total of one (1) 24"
diameter steel pipe
pile at finger pier
56
LF
$851.00
$47,656.00
6
Provide and install
stainless steel post
tension cables in
exisitng and new
walkway and
attenuator.
1
LS
$194,267.00
$194,267.00
7
8ft wide aluminum
Gangway
1
LS
$39,407.00
$39,407.00
8
Provide and Install
two steel pipe piles
at floating walkway
including guide
frames
1
LS
$77,860.00
$77,860.00
8a
Provide and Install a
total of two (2) 24"
diameter steel pipe
piles
111
LF
$843.00
$93,573.00
i
9
Concrete Repair:
Remove and
replace the north
portions of
concrete dock
walkways
1
LS
$8,399.00
$8,399.00
10
Reconnection and
Installation of the
mechanical system
1
LS
$72,997.00
$72,997.00
j
11
Reconnection and
Installation of the
electrical system
1
LS
$579,394.00
$579,394.00
SECTION V
Page 16 of 20
Updated: 7/9/2025
SECTION V — Contract Documents
11a
Bid Add 1- Replace
entire run of
conductors for
substation SA and
pedestals A-2,1, ST -
7,6, and HD-1 (Side
1) with multi -
conductor type G
cable from source
1
LS
$500,897.00
$500,897.00
12
Replacement of
transition plates (by
others)
1
LS
$39,407.00
$39,407.00
13
Adjustment of
HDPE sleeves at
recently installed
south -south
attenuators
1
LS
$15,750.00
$15,750.00
14
Provide and Install
Floating Turbidity
Barrier
1
LS
$15,950.00
$15,950.00
Total
$3,937,298.00
1
10% Contingency
from total above
1
Is
$393,729.80
$393,729.80
Total
$393,729.80
Grand Total
4,331,027.8
THE BIDDER'S GRAND TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES
AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED FOR EACH
SECTION. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS.
THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM
PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE
CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN.
SECTION V
Page 17 of 20 Updated: 7/9/2025
SECTION V —Contract Documents
THE CONTRACTOR SHALL PROVIDE COPIES OF A CURRENT CONTRACTOR
LICENSE/REGISTRATION WITH THE STATE OF FLORIDA AND PINELLAS COUNTY IN
THE BID RESPONSE.
SECTION V Page 18 of 20 Updated: 7/9/2025
SCRUTINIZED COMPANIES FORMS
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH
CUBA AND SYRIA CERTIFICATION FORM,
IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND
SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY
DEEM YOUR SUBMITTAL NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements
of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business
operations in Cuba and Syria; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this
solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and
Syria; and
3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce
in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling,
possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real
property, military equipment, or any other apparatus of business or commerce; and
4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate,
or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies
with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria.
STATE OF .
Florida
COUNTY OF Lee
Authorized Signature
Dane Kelly _
Printed Name
President
Dane Kelly. President
Kelly Brothers, Inc.
15775 Pine Ridge Road, Fort Myers. FL 33908
State of Incorporation: Florida -.-- --
Title
Kelly, Brothers, Inc.
Name of Entity/Corporation
The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online
notarization on, this 25th. day of February , 20 26 , by Dane Kelly
(name of person whose signature is being notarized) as the President.. (title) of
Kelly Brothers,`Inc. (name of corporation/entity), personally known,. J- , or
produced. __ _ . ___ _ (type of identification) as identification, and who did/did not take
an oath.
o Y'.,.
�.,. .�' ANN WIRIEAEBCHlJ11AN
*.. *. Canrtloaloo1HH356508
Expire" February 11,2027
My Commission Expires: February 11, 2027
NOTARY SEAL ABOVE
Notary Public
Ann Marie Aeschliman
Printed Name
SCRUTINIZED COMPANIES FORMS
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL.
FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL
NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements
of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott
Israel List, or engaged in a boycott of Israel; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this
solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a
boycott of Israel; and
3. "Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or taking
other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or
in Israeli -controlled territories, in a discriminatory manner. A statement by a company that it is
participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott
of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as
evidence that a company is participating in a boycott of Israel; and
4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate,
or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days
after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged
in a boycott of Israel.
DineKtlis Pccr�dcnt`
Authorized Signature Kelly8rothen.lne.
15775 Pine Ridgc Road. Fort Myers. FL 33908
State of incnrpnration: Florida
Dane Kelly
Printed Name
President
Title
Kelly Brothers, Inc.
Name of Entity/Corporation
STATE OF- Florida,
COUNTY OF Lee
The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online
notarization on, this 25th day of February , 20 26 by Dane Kelly
(name of person whose signature is being notarized) as the President (title) of
Kelly Brothers, Inc.(name of corporation/entity), personally known _v , or
produced (type of identification) as identification, and who did/did not take
an oath. �� M n n
�S*' �+, ANNMARIE AE3CHUWW
:, * Corm fission / HH 356588
.4' 0, me
ePe Extiree February 11, 2027
My Commission Expires: February 11, 2027,.
NOTARY SEAL ABOVE
Notary Public
Ann Marie Aeschliman
Printed Name
Compliance with Anti -Human Trafficking Laws
Pursuant to Section 787.06 (13), Florida Statutes, this form must be completed by an officer or
representative of a non-governmental entity when a contract is executed, renewed, or extended
between the non-governmental entity and the City of Clearwater.
The undersigned, on behalf of the entity listed below ("Entity"), hereby attests under penalty of
perjury that:
Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes.
The undersigned is authorized to execute this form on behalf otEntity.
Date:, Fel ruart 25 -
Entity: Kelly Brothers, Inc..
, 2026 Signed:
Name: Dane Kelly
Title: _ President.
l)me xclty, l?rciidrnC '
ICgQYHinUieil. I,(
C3770 Pfnr. Hldee Rral:Fori N1rYn. FL 77908
Orate of Incorporation: Florida
City of Clearwater
Public Works
Marcus Williamson, Department Director
100 South Myrtle Avenue, Clearwater, FL 33756
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
ITB No. 23 -0030 -MA
Harbor Marina S -N Wave Attenuator Replacement
RESPONSE DEADLINE: February 26, 2026 at 2:00 pm
Report Generated: Friday, February 27, 2026
Kelly Brothers, Inc. Response
Company:
Kelly Brothers, Inc.
Email:
estimating@kellybros.net
Contact:
Dane Kelly
Address:
15775 Pine Ridge Rd.
Fort Myers, FL 33908
Phone:
N/A
Website:
www.kellybros.net
Submission Date:
Feb 26, 2026 1:26 PM (Eastern Time)
CONTACT INFORMATION
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
ITB No. 23 -0030 -MA
Harbor Marina S -N Wave Attenuator Replacement
Addendum #1
Confirmed Jan 26, 2026 3:06 PM by Dane Kelly
Addendum #2
Confirmed Feb 19, 2026 3:49 PM by Dane Kelly
Addendum #3
Confirmed Feb 19, 2026 3:50 PM by Dane Kelly
Addendum #4
Confirmed Feb 19, 2026 3:50 PM by Dane Kelly
Yw ADDENDACONFIRMATION
QUaESTIONNAIRE
1. Certified Business*
Are you a Certified Small Business or a Certified Minority, Woman or Disadvantaged Business Enterprise?
No
2. Vendor Certification*
By submitting this response, the Vendor hereby certifies that:
A. It is under no legal prohibition on contracting with the City of Clearwater.
B. It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its
attachments, and any referenced documents.
C. It has no known, undisclosed conflicts of interest.
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
Invitation To Bid - Harbor Marina S -N Wave Attenuator Replacement
Page 2
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
ITB No. 23 -0030 -MA
Harbor Marina S -N Wave Attenuator Replacement
D. The prices offered were independently developed without consultation or collusion with any of the other vendors or potential
vendors or any other anti-competitive practices.
E. No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who
has or may have had a role in the procurement process for the commodities or services covered by this contract. The Vendor
has not influenced or attempted to influence any City employee, officer, elected official, or consultant in connection with the
award of this contract.
F. It understands the City may copy all parts of this response, including without limitation any documents or materials copyrighted
by the Vendor, for internal use in evaluating respondent's offer, or in response to a public records request under Florida's public
records law (F.S. Chapter 119) or other applicable law, subpoena, or other judicial process; provided that the City agrees not to
change or delete any copyright or proprietary notices.
G. It hereby warrants to the City that the Vendor and its subcontractors will comply with, and are contractually obligated to comply
with, all federal, state, and local laws, rules, regulations, and executive orders.
H. It certifies that Vendor is not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded,
or disqualified from participation in this matter from any federal, state, or local agency.
I. It will provide the commodities or services specified in compliance with all federal, state, and local laws, rules, regulations, and
executive orders if awarded by the City.
J. It is current in all obligations due to the City.
K. It will accept all terms and conditions as set forth in this solicitation if awarded by the City.
L. The signatory is an officer or duly authorized representative of the Vendor with full power and authority to submit binding offers
and enter into contracts for the commodities or services as specified herein.
Confirmed
3. E -Verify System Certificattion*
PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E -VERIFY SYSTEM TO
VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES.
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
Invitation To Bid - Harbor Marina S -N Wave Attenuator Replacement
Page 3
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
ITB No. 23 -0030 -MA
Harbor Marina S -N Wave Attenuator Replacement
The affiant, by virtue of confirming below, certifies that:
A. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095.
B. The Contractor and its Subcontractors are registered with and using the E -Verify system to verify the work authorization status
of newly hired employees.
C. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses
the E -Verify system.
D. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with,
or subcontract with unauthorized alien.
E. The Contractor must maintain a copy of such affidavit.
F. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida
Statutes 448.09(1) or 448.095(2)(c).
G. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for
at least 1 year after the date on which this Contract was terminated.
H. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract.
Confirmed
4. Scrutinized Company Certification*
Please download the below documents, complete, notarize, and upload.
• SCRUTINIZED COMPANIES AND B...
Kelly_Brothers,_Inc._Scrutinized_Company_Certification.pdf
5. Compliance with Anti -Human Trafficking Laws*
Please download the below documents, complete, and upload.
• Compliance with 787.06 form...
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
Invitation To Bid - Harbor Marina S -N Wave Attenuator Replacement
Page 4
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
ITB No. 23 -0030 -MA
Harbor Marina S -N Wave Attenuator Replacement
Kelly_Brothers,_Inc._Com pliance_with_Anti-Human Trafficking_ Laws.pdf
6. Section V - Contract Documents*
Please download the below documents, complete, and upload.
• Section V - Contract Docume...
Kelly_Brothers,_Inc._Section_V= _Contract_Documents.pdf
Kelly_Brothers,_Inc,_Response_to_Invitation_to_Bid,_Clearwater_Harbor Marina_S-N_Wave Attenuator.pdf
7. W-9*
Upload your current W-9 form. (available at https://www.irs.gov/pub/irs-pdf/fw9.pdf)
Kelly_Brothers,_Inc._W-9.pdf
PRICE TABLES
23 -0030 -MA CLEARWATER HARBOR MARINA S -N ATTENUATOR REPLACEMENT
Line Item
BID ITEMS
Description Quantity Unit of Unit Cost Total
Measure
1
Contractor Mobilization
1
LS
$362,717.00
$362,717.00
2
Bonding fees and insurance
1
LS
$40,500.00
$40,500.00
3
General Conditions
1
LS
$4,969.00
$4,969.00
4
Demo and Removal of attenuators and piles
1
LS
$288,551.00
$288,551.00
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
Invitation To Bid - Harbor Marina S -N Wave_Attenuator_Replacement
Page 5
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
ITB No. 23 -0030 -MA
Harbor Marina S -N Wave Attenuator Replacement
Line Item
Description
Quantity
Unit of
Measure
Unit Cost
Total
5
Provide and Install wave attenuators including Finger Pier and Protection Bollard
1
LS
$1,099,096.00
$1,099,096.00
5a
Provide and Install total of seven (7) 30" diameter steel pipe piles
389
LF
$1,172.00
$455,908.00
5b
Provide and install total of one (1) 24" diameter steel pipe pile at finger pier
56
LF
$851.00
$47,656.00
6
Provide and install stainless steel post tension cables in exisitng and new walkway
and attenuator.
1
LS
$194,267.00
$194,267.00
7
8ft wide aluminum Gangway
1
LS
$39,407.00
$39,407.00
8
Provide and Install two steel pipe piles at floating walkway including guide frames
1
LS
$77,860.00
$77,860.00
8a
Provide and Install a total of two (2) 24" diameter steel pipe piles
111
LF
$843.00
$93,573.00
9
Concrete Repair: Remove and replace the north portions of concrete dock
walkways
1
LS
$8,399.00
$8,399.00
10
Reconnection and Installation of the mechanical system
1
LS
$72,997.00
$72,997.00
11
Reconnection and Installation of the electrical system
1
LS
$579,394.00
$579,394.00
11a
Bid Add 1- Replace entire run of conductors for substation SA and pedestals A-2,1,
ST -7,6, and HD-1 (Side 1) with multi -conductor type G cable from source
1
LS
$500,897.00
$500,897.00
12
Replacement of transition plates (by others)
1
LS
$39,407.00
$39,407.00
13
Adjustment of HDPE sleeves at recently installed south -south attenuators
1
LS
$15,750.00
$15,750.00
14
Provide and Install Floating Turbidity Barrier
1
LS
$15,950.00
$15,950.00
TOTAL
$3,937,298.00
KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
Invitation To Bid - Harbor Marina_S-N Wave Attenuator Replacement
Page 6
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
ITB No. 23 -0030 -MA
Harbor Marina S -N Wave Attenuator Replacement
CONTINGENCY
Line Item
1
Description
10% Contingency from total above
Quantity
1
Unit of
Measure
Is
Unit Cost Total
$393,729.80
TOTAL
$393,729.80
$393,729.80
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
Invitation_To Bid - Harbor Marina S-N_Wave Attenuator Replacement
Page 7
CGC1519780
KELLY BROTHERS, INC
COMMERCIAL MARINE CONTRACTOR
RESPONSE TO
Invitation to Bid
Harbor Marina S -N Wave
Attenuator Replacement
23 -0030 -MA
CREATED FOR
City of Clearwater
Municipal Services Building
100 South Myrtle Avenue
Clearwater, FL 33756
SUBMITTED ON
February 26, 2026
'15775. PineRidge: Road,Tort Myers; FL 33908
482.7300 office 239:482 8014 fax *• kellybros.netry
- 71
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p140%9,00'�
PUBLIC WORKS
February 13th, 2025
Dane Kelly
Kelly Brothers, Inc.
15775 Pine Ridge Road
Fort Meyers, FL33908
CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, I00 SOUTH MYKFLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4750 FAx (727) 562-4755
Please accept this official notice that KELLY BROTHERS, INC. has been approved to bid for City of
Clearwater construction projects falling into the following parameters:
Approved Maximum Bid Limit: $12,000,000 Prequalification Expiration: FEBRUARY 13, 2028
Approved Categories:
o Marine Construction o Marine Dredging
Any category applied for and not approved indicates the project list submitted did not demonstrate any/enough
experience in that category. Project experience in categories that were not approved may be submitted for
consideration. This pre -qualification applies to standard types of construction projects. Projects requiring special
expertise or unusually difficult construction categories may require separate pre -qualifications following bid
advertisement. City policy dictates that financial statement documents are not copied or retained, so this item was
deleted following the pre -qualification approval.
The Engineering Construction Manager reserves the right to adjust categories and the maximum project bid value
during the three-year approval period based on direct work experience and updates submitted.
We appreciate your interest and look forward to receiving your bids on City of Clearwater projects. For our current
bid list visit: https://www.myclearwater.com/business/bid-information.
Kind Regards,
7/atiuta 7400ryla#ie
Contract Procurement Specialist
City of Clearwater's Engineering Department
(727) 444 — 8212
marina.tsongranis@myclearwater.com
Ryan Cotton, Councilmember
Mike Mannino, Councilmember
Bruce Rector, Mayor
David Allbritton, Councilmember
Lina Teixeira, Councilmember
"Equal Employment and Affirmative Action Employer"
CGC1519780
KELLY BROTH ERS, INC
COMMERCIAL t4ARINE CONTRACTOR
Licensing and Registrations
15775 Pine Ridge Road, Fort Myers, FL 33908
P: (239) 482-7300 • F: (239) 482-8014
www.kellybros.net
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DIVISION of
CORPORATIONS
an official State of Florida website
Detail by Entity Name
Florida Profit Corporation
KELLY BROTHERS, INC.
Filing Information
Document Number 656515
FEI/EIN Number 59-2069592
Date Filed 02/20/1980
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 09/17/2015
Event Effective Date NONE
Principal Address
15775 PINE RIDGE ROAD
FT. MYERS, FL 33908
Changed: 01/13/1993
Mailing Address
15775 PINE RIDGE ROAD
FT. MYERS, FL 33908
Changed: 01/13/1993
Registered Agent Name & Address
KELLY, DANE P, PRES
15775 PINE RIDGE ROAD
FT. MYERS, FL 33908
Name Changed: 02/08/2019
Address Changed: 01/20/1994
Officer/Director Detail
Name & Address
Title PSTD
KELLY, DANE P
15775 PINE RIDGE ROAD
FT. MYERS, FL 33908
Title VP, Asst. Secretary, Director
KELLY, TRAVIS E
15775 PINE RIDGE ROAD
FT. MYERS, FL 33908
Annual Reports
Report Year Filed Date
2024 02/06/2024
2025 03/11/2025
2026 01/22/2026
North Branning
KELLY BROTHERS INC
KELLY BROTHERS INC
15775 PINE RIDGE RD
FORT MYERS, FL 33908
Dear Business Owner:
Business Tax Receipt
Your 2025 - 2026 Lee County Business Tax Receipt is attached below for account number / receipt
number: 1026863 / 1204211
If there is a change in one of the following, refer to the instructions on the back of this receipt.
• Business name
Ownership
• Physical location
•- Business closed
This is not a bill. Detach the bottom portion and display in a public location.
I hope you have a successful year..
Sincerely,
Lee County Tax Collector
2025-2026
LEE COUNTY BUSINESS TAX RECEIPT
Account Number: 1026863
Receipt Number: 1204211
State License Number: CGC1519780
Location:
15775 PINE RIDGE RD
FORT MYERS, FL 33908
KELLY BROTHERS INC
KELLY DANE P
15775 PINE RIDGE RD
FORT MYERS, FL 33908
Account Expires: September 30, 2026
Maycngagc in the busincssof:"
GENERAL CONTRACTOR -CERTIFIED
THIS BUSINESS TAX RECEIPT_IS NON REGULATORY
Payment Information:
PAID A01-00-03631745
07/29/2025
$ 50.00
Form '
(Rev. March 2024)
Department of the Treasury
Internal Revenue Service ,
Request for Taxpayer
Identification Number and Certification
Go to www.irs.gov/FormW9 for instructions and the latest information.
Give form to the
requester. Do not
send to the IRS.
Before you begin. For guidancerelated to the purpose of Form W-9, see Puipbse of Form, below.
1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded
entity's name on line 2.)
Kelly Brothers, Inc.
2 Business name/disregarded entity name, if different from above.
3a Check the appropriate box for federal tax classification of the entltylndividual whose name is entered on line 1. Check
only one of the following seven boxes.
❑ IndividuaVsole proprietor ❑ C corporation ❑✓ S corporation ❑ Partnership 0 Trust/estate
❑ LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) .
Note: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax
classification of the LLC, unless it is a disregarded entity. A disregarded entity should Instead check the appropriate
box for the tax classification of its owner.
❑ Other (see Instructions)
4 Exemptions (codes apply only to
certain entities, not individuals;
see Instructions on page 3):
Exempt payee code (if any)
Exemption from Foreign Account Tax
Compliance Act (FATCA) reporting
code (if any)
3b If on line 3a you checked "Partnership" or 'Trust/estate," or checked "LLC" and entered "P" as its tax classification, (Applies to accounts maintained
and you are providing this form to a partnership, trust, or estate In which you have an ownership Interest, check outside the United States.)
thls box if you have any foreign partners, owners, or beneficiaries. See instructions ❑
5 Address (number, street, and apt. or suite no.). See instructions.
15775 Pine Ridge Road
6 City, state, and ZIP code
Fort Myers, FL 33908
Requester's name and address (optional)
7 List account number(s) here (optional)
Part I
Taxpayer°Identificatlon',Nuinber (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a
TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. See also What Name and
Number To Give the Requester for guidelines on whose number to enter.
ISocial security number
or
Employer ldentificat on number
5.
9
2
0
6
9
5
9
2
Part I1
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you ars currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments
other than interest and,dividends; you are not required', to sign the certification, but you must provide. your correct TIN. See the. instructions for Part II, later.
Sign Signature of /�
Here Us. person Oi/r,tJla �C!/J(/1�l/h.:o
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
What's New
Line 3a has been modified to clarify how a disregarded entity completes
this line. An LLC that is a disregarded entity should check the
appropriate box for the tax classification of its owner. Otherwise, it
should check the "LLC" box and enter its appropriate tax classification.
Date
Tanuary. 07, 2026 _ ._.
New line 3b has been added to this form. A flow-through entity is
required to complete this line to indicate that it has direct or indirect
foreign partners, owners, or beneficiaries when it provides the Form W-9
to another flow-through entity in which it has an ownership Interest. This
change is intended to provide a flow-through entity with information
regarding the status of its indirect foreign partners, owners, or
beneficiaries, so that it can satisfy any applicable reporting
requirements. For example, a partnership that has any indirect foreign
partners may be required to complete Schedules K-2 and K-3. See the
Partnership Instructions for Schedules K-2 and K-3 (Form 1065).
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS is giving you this form because they
Cat. No. 10231X
Form W-9 (Rev. 3-2024)