CLEARWATER MARINA HARBOR MARINA N-E WALKWAY & GANGWAY REPLACEMENT - 26-0051-MA0
r
SECTION V
CONTRACT DOCUMENTS
96-0a51 --M 0
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 17
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM 18
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. [nine]
Principal Name
15775 Pine Ridge Rd
Fort Myers, FL 33908
Principal Business Address
239-482-7300
Principal Phone Number
SURETY OWNER
Principal Name
+[Address Line -11
[Address Line 2)
Principal Business Address
hone number
Principal Phone Number
City of Clearwater
Public Works
PO Box 4748
Clearwater FL 33758-4748
(727) 562-4750
PROJECT NAME: Clearwater Harbor Marina N -E Walkway & Gangway Replacement
PROJECT NO.: 26 -0051 -MA
PROJECT DESCRIPTION: The scope of this project includes the replacement of seven (7) floating
docks on the main dock walkway, marginal wharf and B -Dock, three (3) finger piers, 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 floating docks will be replaced by five (5) 13 -foot -wide floating docks along the walkway, and one (1)
each 10 -foot -wide floating dock, and three (3) 4 -foot -wide by 45 foot -long finger pier in the orientation
presented on the drawings. Due to damage from boat impact during hurricane Milton, two (2) new 8 -foot -
wide by 31 -foot long aluminum gangways are to be installed at the existing platform and dock that is
remaining. Also, 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.
365 Consecutive Calendar Days from Notice to Proceed.
BY THIS BOND, We, _ _, as Contractor, and
, a corporation, as Surety, are bound to the
SECTION V Page 1 of 18 Updated: 7/9/2025
SECTION V — Contract Documents
City of Clearwater, Florida, herein called Owner, in the sum of $5,559,036.86, 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 Clearwater Harbor Marina N -E Walkway & Gangway Replacement, 26 -0051 -MA, 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 18 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 18 Updated: 7/9/2025
SECTION V — Contract Documents
CONTRACT
(1)
This CONTRACT made and entered into this day of , 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 stater
This CONTRACT made and entered into this _ day of , 20 ...by and between the'City
of Clearwater, . Florida, a municipal corporation, hereinafter designated.`, as. the "City", and
, a/an (State) Corporation authorized to' do
business in . the State - ;of, Florida, of the City .of F :.. County of
and`State of ,'hereinafter designated as the "Contractor
WITNESSETH:
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: Clearwater Marina Harbor Marina N -E Walkway & Gangway Replacement
PROJECT NO.: 26 -0051 -MA
in the amount of $5,559,036.86
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 18 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 18 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 18 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 PINELLAS COUNTY, FLORIDA
By:
n'Si • r Poirrier
City Manager
Countersigned:
By:
-fpr : Rosemarie all
City Clerk
Bruce Rect
Mayor
Contractor must indicate whether:
✓ Corporation, Partnership,
Approved as to form:
Melissa Isabel
Senior Assistant City Attorney
Company, or
Kelly Brothers, Inc.
(Contractor)
P
By: fs (SEA'L) Ezz
Print Name: Dane Kelly,??
Title: President .�
The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his till"e ec" 2'
where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the
Corporation — provide Affidavit.
SECTION V
Page 7 of 18 Updated: 7/9/2025
SECTION V — Contract Documents
CONSENT OF SURETY TO FINAL PAYMENT
TO OWNER: City of Clearwater PROJECT NAME: Clearwater Harbor Marina N -E Walkway
& Gangway Replacement
Public Works PROJECT NO.: 26 -0051 -MA
100 S Myrtle Ave CONTRACT DATE:
Clearwater, FL 33756 BOND_ NO.: F 1 recorded in O.R. Book f 1,
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 Surety]
[address]
I 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 18 Updated: 7/9/2025
SECTION V—Contract Documents
PROPOSAL/BM BOND
(Not to be filled out if a certified check is submitted)
KNOWN ALL MEN BY THESE PRESENTS: That we, -the undersigned, Kelly Brothers, Inc.
15775 Pine Ridge Road, Fort Myers, Florida 33908 as Contractor, and U. S. Specialty Insurance Company
as Surety, whose address is 13403 Northwest Freeway,
Houston, Texas 77040 , are held and firmly bound unto the City
of Clearwater, Florida, in the sum of Five Hundred Fifty -Five Thousand Nine Hundred Three 691100 Dollars
($ 555,903.69 ) (being a minimum 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.
The condition of the above obligation is such that if the attached Proposal of Kelly Brothers, Inc.
as Contractor, and U. S. Specialty Insurance Company as Surety, for
work specified as: Harbor Marina N -E Walkway and Gangway Replacement, 26 -0051 -MA
all as -stipulated in said Proposal, by doing all work incidental thereto, in accordance with the 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,
Signed this 2nd
Company, or
Individual
day of September 20 ;:
•
KELLY BROTHERS, INC.
Contractor
cipal vt.e14 I I/
By: rt S14/244
Title 14/244
Title
U.S. SPECIALTY INSURANCE C
Surety ' endy
;etc � ;•: i ��� t`'A,r�,
aikarney . In
The person signing shall, in his own handwriting, sign the:Pnnci' 's name, his own nOme and`his ft ie;
where the person is signing for a Corporation, he must, by Affidavit, show his authorrtr . md;
Corporation — provide Affidavit. `.` E,
SECTION V Page 8 of 16
Updated: 6/3/2024
1
TOKIO MARI NE
HCC
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY- THESE PRESENTS That American Contractors indemnity,Company, a iCalifernia corporation,; Texasr;Bonding
Company, en assumed name cf American` Contractors ln'deninity Company,:United,States Surety Company, a Maryland; corporation and
U.S. Specially°insurance Company, :a Texas c'oiporatiort:(collectively,, the "Companies"), do by these presents.. make, constitute. and
appoint:
Wendy Hingson of Fort Myers, Florida
its true and lawful,Attorney(s)-in fact, each in their separate capacity if more than one is named above with full power and authoniy
hereby conferred inns name, place and stead to execute, acknowledge and.deliverany and all bonds,recognizances, undertakings
or other instruments or contracts of,surety.shp to include riders, amendments, and.. consents of :surety, providing::thend:
bo
penalty does not exceed ""'Ten Million" " Dollars (` '$10,000,000 00" ).
This Power of Attorney shallexpire withoutifurther action ori -January 31 t 202$ This'Power of,Attorney. is granunders
ted and by authority:
•of the following resolutions adopted byithe Boards of Directors of the Companies
Be it Resolved,.that the President, any Vice -President,: any Assistant Vice: President any Secretary or any Assistant Secretaryshall be and is hereby
vested With full, power and authority to appoint any -one or more': suitable; persons. as Attorneys) -in -Fact to represent and:aet for and on behalf of the
Company subject to the following provisions:
Attorney-in-Fact:may be given fult.Rower andauthontytor and`in. the name of and on behalf ofthe Company, to execute; acknowledge and deriivef any
and all bonds iecagnizances contracts, agreements or indemnity and ;other candition; l,or',obligatory. undertakings including any and alt .consents,
for ihe'=releaseof retained percentages and/or fnal',estimates on engineering and construction contracts and`any and alt notices and,documents
ere
canceling orterminating the Company s liability thunder, and_any such�instruments so executed•by, any suchrAdomey-in-Fact. shall,beabinding upon;'
tfie Company as;if signed by the President•and sealed`and effected by the Corporate Satretary
Be it Resolved that the Signalure of anrauthorized officer and seal ofthe Company heretoforeior hereafter affixed to any power of attorney or any
ceni5date relating :Worrier or certificate beating facstmde+signature or facsimile seal shall be valid and binding ,
upon the Ooniparq with respect to'•any bond or, undertaking,10 which.it isattached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
151 day Pt February 2024.
M n t Cp t ti 4 nlNGii is1,7i7; 1
IU pr'60A4i F11
SEPT. S.,IpET
AMERICAN CONTRACTORS INDEMNITY COMPANY, TEXAS
BONDING COMPANY, UMTED STATES SURETY COMPANY,
U.S. SPEC ALTY INSURANCE COMPANY
Daniel P Aguilar ice President,
A NotaryPublic or other officercompleting this certificate verifies only the identity of the individual who signed the :document to which
a this" ceitificate`:iv,,attached; and, not the fruthfulnes acctitacy, or.Valldtty,:of that document.
State of California
County of Los Angeles
On this 1 t day of'February 2024, before me w'Littteieid, a notary public, personally appeared Daniel P Aguilar` "Vice Preslderity'0 '•
American Contractors IndemnityCornpany, Texas Bonding Company United: tates Surety Company and IJ S Specialty insurance
Company ,proved tame on the' basisofsatisfactory a idence to,be the persan whose name is subscribed tolthe�;within inst0U6e0
and acknowledged to, me that he;executed the same tn'hrs nut iorized capacity, and that by, tis signaturexon.the,lnstrumept the person;
orithe entity upon behalf=of which;the:person2a'cted, executed the instrument♦.
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 and offer [seal.
Signature :-
N
(seal)
woury5 unu ublk ries
Los/Melts Cowry
U-• , 'Commisslont3171570 i
+u_ MY Comm. Expires J1n 31 2028. ,
1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety
Company and U.S. Specialty Insurance Company, do hereby certify thatthe:above and foregoing is a true and correct copy of a Power
of Attorney, executed by said Companies, which is still in full force and effect furthermore, the resolutions of the Boa rdsiofiDirectors,
set out in the Power of Attorney are in full force and effect. ; t�tt,R
In WitnessMhereof, 1 ha
day
hereunto.set my hand and affixed the seals of said Companies at Los,lA
Bond No. r J4.
Agency No. - . 17050
Min) i4r,
Kio;
vriittmhceicot i'MUrety far more information
u,
4
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.
Affiant
Sworn to and subscribed before me this 1st day of . September
DANIELLE KIRBY
Notary Public
State of Florida
Commit HH475968
Expires 12/26/2027
Dane Kelly, Prendcnt
Kelly Brothers. Inc.
15775 Pic Ridge Road. Fort Myers. FL 33908
State of Incorporation: Florida , 20 26
Notary Public Danielle Kirby
SECTION V Page 10 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 Clearwater Harbor N -E Walkway & Gangway
Replacement, Project No.: 26 -0051 -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 give date of adoption).
Travis K
y, Assistant Secretary
Affiant
Travis Kelly, Vice President
Kelly Brothers, Inc.
15775 Pine Ridge Road, Fort Myers, FL 33908
State of Incorporation: Florida
Sworn to before me this 22nd day of September 20 26 .
434.1`;:t.,% ANN MARIEAESCHLMIAN
* Commission 9 HH 366596
Expires February 11, 2027
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 10 of 18 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 Proposal for Kelly Brothers, Inc,
or said corporation by virtue of
NA
(state whether a provision of by laws or a Resolution
Board of Directors. If by Resolution give date of adoption).
Sworn to before me this 1st day of
SECTION V
DANIELLE IQRBY
Notary Public
State of Florida
Commit HH475968
Is1° Expires 12/26/2027
of
Travis Kelly, Assistant Secretary
Affiant
Septernber
,.20 26 ,.
Travis Kelly, Vice President
Kelly Brothers. Inc.
15775 Pine Ridge Road. Fort Myers, FL 33905
Stale of -Incorporation: Florida
Danielle Kirby
Type/print/stamp name of Notary
Admin, Notary Coin mission.#:HH475968
Title or rank, and Serial No., if any
Page 9 of 16 Updated: 6/3/2024
STATE OF FLORIDA
COUNTY OF
SECTION V — Contract Documents
NON -COLLUSION AFFIDAVIT
being, first duly sworn, deposes and says that he is
of
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.
Affiant
Sworn to and subscribed before me this day of , 20
Notary Public
SECTION V Page 11 of 18 Updated: 7/9/2025
J
SECTION V — Contract Documents
PROPOSAL
(1)
TO THE CITY OF'CLEARWATER, FLORIDA, for
Clearwater Harbor Marina N -E Walkway & Gangway Replacement (26 -0051 -MA)
and doing such other work incidental thereto, all in accordance with the contract documents, marked
Clearwater Harbor Marina N -E Walkway & Gangway Replacement (26 -0051 -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 18 Updated: 7/9/2025
SECTION V—Contract Documents
PROPOSAL
(2)
Attached hereto is a bond or certified cheek on
NA Bank, for the sum of
Five Hundred Fifty -Five Thousand Nine Hundred Three and 69/100 ($ 555,903.69 )
(being a minimum of 10% of Contractor's total bid amount).
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:
Dane Kelly, President, Secretary, Treasurer
Travis Kelly,; Vice.Preskient, .Assistant. Secretary
ADDRESSES:
15775 Pine Ridge Road, Fort Myers, FL 33908
15775 Pine Ridge Road, Fort Myers, FL 33908
Signature of Bidder:
t ritr,oh y. P,:1deae.
Kdly Rrotlters, Int.,15775 Pme Ridge Read. Fort Myers. FI.33908
The person signing shall, in his own handwriting, sign the Principal's taiffen,"IfiroWit name and his title.
Where the person signing for a corporation is other than the President or Vice President, he must, by
affidavit, show hisaitttority, to bind the corporation.
Principal:,
.Ydlphiwiud: triol
Byf: Dane Kelly IF S pine Ratge Road, Fort Uycra. E.33908
Siete nflncorpwaiomAondo
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 Zip Code 33908
Phone: 239-482-7300_ Email Address: _,estimating@kellybros.net
Dated at 10:00 am
, this 2nd day of September , A.D., 20 26
SECTION V Page 12 of 16 Updated: 6/3/2024
PROJECT:
SECTION V — Contract Documents
CITY OF CLEARWATER
ADDENDUM SHEET
1 ,&,G gway Replacement, 26 -0051 -MA
Acknowledgment is hereby made of the following addenda received since issuance of Plans and
Specifications.
Addendum No. 1 Date: 08/03/2026
Addendum No. 2
Addendum No. 3
Addendum No.
Addendum No.
Addendum No.
Addendum No.
Addendum No.
Addendum No.
Addendum No.
Addendum No.
Date: 08/18/2026.
Date: 08/25/2026
Date:
Date:
Date:
Date:
Date:
Date:
Date:
Date:
Kelly Brothers, Inc.
(Name of B'iider).
(Signature•of Officer)
President
(Title of Officer)
Dane Kelly, President
Kelly Brothers, Inc.
15775 Pine Ridge Road, ForL Myers, FL 33908
State at lncorporatlon: Florida
September 0.1.2026
(Date)
SECTION V Page 13 of 16 Updated: 6/3/2024
SECTION V — Contract Documents
BIDDER'S PROPOSAL
PROJECT: Clearwater Harbor Marina N -E Walkway & Gangway Replacement (26 -0051 -MA)
CONTRACTOR:
BIDDER'S GRAND TOTAL: $ (Numbers)
BIDDER'S GRAND TOTAL:
(Words)
SECTION V
Page 15 of 18
Updated: 7/9/2025
BID ITEMS
UNIT
QTY
UNIT
PRICE
AMOUNT
1
Contractor
Mobilization
LS
1
$ -
2
Bonding fees and
insurance
LS
1
$ -
3
General Conditions
LS
1
$ -
4
Demo and Removal
of walkways, finger
piers and piles
associated
LS
1
$ -
5
Provide and Install
floating walkways
including Finger
Piers
LS
1
$ -
5
Provide and Install
total of fifteen (15)
24" diameter steel
pipe piles
LF
833
$ -
6
Provide and install
stainless steel post
tension cables in
exisitng and new
walkway and
attenuator.
LS
1
$ -
7
Provide and install
two (2) 8'-6" x 31'
LS
1
$ -
SECTION V
Page 15 of 18
Updated: 7/9/2025
SECTION V — Contract Documents
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.
SECTION V Page 16 of 18 Updated: 7/9/2025
aluminum
Gangways
8
Provide and Install
stainless steel guide
frame at floating
walkway
LS
1
$ -
8A
Provide and Install a
total of one (1) 24"
diameter steel pipe
piles
r
LF
56
$ -
9
Reconnection and
Installation of the
mechanical system
LS
1
$ -
10
Reconnection and
Installation of the
electrical system
LS
1
$ -
11
Provide and Install
Floating Turbidity
Barrier
LS
1
$ -
SUBTOTAL
$ -
10%
CONTINGENCY
LS
1
$0.00
$ -
TOTAL
CONTRACT
$ _
Grand Total
$
-
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.
SECTION V Page 16 of 18 Updated: 7/9/2025
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
ITB No. 26 -0051 -MA
Clearwater Harbor Marina N -E Walkway & Gangway Replacement
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
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
Kelly_Brothers,_Response_to_ITB,_Clearwater Harbor_Marina_NE_Walkway,_26-0051-MA.pdf
CLEARWATER HARBOR MARINA N -E WALKWAY & GANGWAY REPLACEMENT
The City anticipates making a single award for this solicitation.
Line Item
Description
Quantity
Unit of
Measure
Unit Cost
Total
1
Contractor Mobilization
1
LS
$400,517.98
$400,517.98
2
Bonding fees and insurance
1
LS'
$60,000.00
$60,000.00
3
General Conditions
1
• LS
$11,917.48
$11,917.48
4
Demo and Removal of walkways, finger piers and piles associated
1
LS
$565,835.98
$565,835.98
5
Provide and Install floating walkways including Finger Piers
1
LS
$1,422,544.65
$1,422,544.65
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
Invitation To Bid - Clearwater Harbor Marina N -E Walkway & Gangway Replacement
Page 5
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
ITB No. 26 -0051 -MA
Clearwater Harbor Marina N -E Walkway & Gangway Replacement
Line Item
Description
Quantity
Unit of
Measure
Unit Cost
Total
5A
Provide and Install total of fifteen (15) 24" diameter steel pipe piles
833
LF
$1,231.71
$1,026,014.43
6
Provide and install stainless steel post tension cables in exisitng and new walkway
and attenuator.
1
LS
$353,981.64
$353,981.64
7
Provide and install two (2) 8'-6" x 31' aluminum Gangways
1
LS
$81,736.57
$81,736.57
8
Provide and Install stainless steel guide frame at floating walkway
1
LS
$11,616.50
$11,616.50
8A
Provide and Install a total of one (1) 24" diameter steel pipe piles
56
LF
$1,241.89
$69,545.84
9
Reconnection and Installation of the mechanical system
1
LS
$189,600.26
$189,600.26
10 •
Reconnection and Installation of the electrical system
1
LS
$582,540.26
$582,540.26
10A
Replacement of conduit and conductors from bulkhead to existing access gates.
Assume (2) 1"" pvc sch 40 conduits and 3/C #8 Type G-GC/W Conductors
2
EA
'
$9,937.57
$19,875.14
10B
Replacement of entire run of service conductors for all (3) substations
1
LS
$219,570.26
$219,570.26
10C
Contractor Furnished Pedestals
4
EA
$5,267.26
$21,069.04
11
Provide and Install Floating Turbidity Barrier
1
LS
$17,303.84
$17,303.84
TOTAL
$5,053,669.87
CONTINGENCY
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
Invitation To Bid - Clearwater Harbor Marina N -E Walkway & Gangway Replacement
Page 6
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
ITB No. 26 -0051 -MA
Clearwater Harbor Marina N -E Walkway & Gangway Replacement
Line Item
1
Description
10% Contingency based on total from above table
Quantity
1
Unit of
Measure
LS
Unit Cost Total
$505,366.99
TOTAL
$505,366.99
$505,366.99
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
Invitation To Bid - Clearwater Harbor Marina N -E Walkway & Gangway Replacement
Page 7
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
The foregoing instrument
notarization on, this
(name of person whose
Kelly Brothers, Inc.
produced
Authorized Signature
Dane Kelly
Printed Name
President
Dane Kelly, President
Kelly Brothers, Inc
15775 Pine Ridge Road, Fort Myers, FL 33908
State (A-Incorporation:rlorida
Title
Kelly Brothers, Inc.
Name of Entity/Corporation
was acknowledged before me by means of M physical presence or ❑ online
1st . day of September , 20 26 by Dane Kelly
signature is being notarized) as the President (title) of
' e V/ ,or
(name of corporation/eittity,), personally known
(type of identification) as identification, and who did/did not take
an oath.
DANIELLE KIRBY
Notary Public
State of Florida
Commis HH475968
Expires 12/26/2027
My Commission Expires: 12/26/2027
NOTARY SEAL ABOVE
Notary Public
Danielle Kirby
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 FORMAS 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.
Authorized Signature
Dane Kelly
Printed Name
President
Dane Kelly. President
Kelly Brothers, Inc.
t5775,Pinc RiiL;e'Roadi-FoieMyers, FL 33908
State of Incorporation: Florida
Title
.Kelly Brothers; Inc.
Name of Entity/Corporation
STATE OF . Florida
COUNTY OF Lee
The foregoing instrument was acknowledged, before me by means of 2 physical presence or ❑ online
notarization on, this 1st day of September , 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 identifica ion; and who did/did not take
an oath.
OR DANIELLE KIRBY C44.1Atee0'r,
NNotary Public Wry Public
A:iw
t .• _ State of Florida _Danielle Kirby
�° CommHH475968
4.4,� Expires 12/26/2027
My Commission Expires: 12/26/2027
NOTARY SEAL ABOVE
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 of Entity.
Date: September 01
, 20 26 Signed:.
Entity: Kelly Brothers, Inc.
Name: Dane Kelly
Title: President
Dane Kelly.President
Kelly Brothers, Inc.
15775 Pine Rider Road. Fort Myers, F1.33908
State 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. 26 -0051 -MA
Clearwater Harbor Marina N -E Walkway & Gangway Replacement
RESPONSE DEADLINE: September 2, 2026 at 2:00 pm
Report Generated: Thursday, September 3, 2026
Kelly Brothers, Inc. Response
FORM;
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:
Sep 2, 2026 1:48 PM (Eastern Time - New York)
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
ITB No. 26 -0051 -MA
Clearwater Harbor Marina N -E Walkway & Gangway Replacement
Addendum #1
Confirmed Aug 5, 2026 12:23 PM by Dane Kelly
Addendum #2
Confirmed Aug 31, 2026 9:31 AM by Dane Kelly
Addendum #3
Confirmed Aug 31, 2026 9:31 AM by Dane Kelly
ADDENDA CONFIRMATION
QUESTIONNAIRE:
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.
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.
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
Invitation To Bid - Clearwater Harbor Marina N -E Walkway& Gangway Replacement
Page 2
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
ITB No. 26 -0051 -MA
Clearwater Harbor Marina N -E Walkway & Gangway Replacement
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. If 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.
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.
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
Invitation To Bid - Clearwater Harbor Marina N -E Walkway & Gangway Replacement
Page 3
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
ITB No. 26 -0051 -MA
Clearwater Harbor Marina N -E Walkway & Gangway Replacement
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_Companies_and_Business_Operations_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._Com pliance_with_Anti-Human Trafficking_Laws.pdf
[KELLY BROTHERS, INC.] RESPONSE DOCUMENT REPORT
Invitation To Bid - Clearwater Harbor Marina N -E Walkway & Gangway Replacement
Page 4
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 guidance related to the purpose of Form W-9, see Purpose 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 entity/individual whose name is entered on line 1. Check
only one of the following seven boxes.
❑ IndividuaVsole proprietor ❑ C corporation ❑✓ S corporation 0 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.)
this 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)
MB Taxpayer Identification Number (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.
,Social security number
Or
Employer identification number
5
9
2
0
6
9
5
9
2
Part II
CertifiCatiorl
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
2.1 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 1 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 are currently subject tobackup 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 .divide 1Ss you are not required to sign the certification, but youmust; provide your correct TIN. See the instructions for Part II, later..
Sign
Here
Signature of
U.S. person
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
;january. 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 retum with the iRS is giving you this form because they
Cat. No. 10231X
Form W-9 (Rev. 3-2024)
City of Clearwater
Municipal Services Building
100 South Myrtle Avenue.
Clearwater, FL 33756
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, 100 SOUTH MYRTLE 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,
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 BROTHERS, INC
COMMERCIAL N1ARINC CONTRACTOR
Licensing and Registrations
15775 Pine Ridge Road, Fort Myers, FL 33908
P: (239) 482-7300 • www.kellybros.net
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