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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 aF s r s. � 3S1 ,ii -,tet i t J..... A.ii, va.=4 Rif,on DeSantis, Governor � a �- ,�`t � y .`y 4� .}! A DEPARTMdENT CONSTRU�C,T,ION THE. 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