KB-4907-0000 Addendum No. 2.pdf

2310 Broening Highway • Baltimore, MD 21224 • mdta@mdta.maryland.gov • 410.537.1000 • 711 (MD Relay) • mdta.maryland.gov • DriveEzMD.com

August 6, 2026

TO ALL POTENTIAL PROPOSERS OF THE CONTRACT DOCUMENTS:

Addendum No. 2

RE: Contract No. KB-4907-0000 Key Bridge Rebuild Main Span & Marine

Approaches

To Whom It May Concern:

A. Attached is a list of additional questions and answers.

B. Revisions to the Request for Qualifications:

1. Delete page 29. Add the attached page 29.

2. Delete page 30A. Add the attached page 30A.

3. Delete page 31. Add the attached page 31.

4. Delete pages 34 & 35. Add the attached pages 34 & 35.

Sincerely, Jeffrey Davis

THIS AMENDMENT IS ISSUED TO CLARIFY, ADD TO, DELETE FROM, CORRECT

AND/OR CHANGE THE BID DOCUMENTS TO THE EXTENT INDICATED AND IS

HEREBY MADE A PART OF THE SAID BID DOCUMENTS ON WHICH THE

CONTRACT WILL BE BASED. THIS AMENDMENT BECOMES PART OF THE BID

PACKAGE AND MUST BE ATTACHED TO THE OUTSIDE COVER OF THE

PROPOSAL FORM. FAILURE TO DO SO MAY RESULT IN REJECTION OF YOUR

BID. COMAR 21.05.02.08 REQUIRES THAT ALL AMENDMENTS ISSUED BE

ACKNOWLEDGED; THEREFORE, THE ATTACHED RECEIPT MUST BE RETURNED

TO THIS OFFICE. FAILURE TO RETURN THE RECEIPTACKNOWLEDGING THE

AMENDMENT MAY RESULT IN REJECTION OF YOUR BID.

Maryland Transportation Authority

KEY BRIDGE REBUILD MAIN SPAN & MARINE APPROACHES

Contract No. KB-4907-0000

ATTACHMENT 7.1

ACKNOWLEDGMENT OF RECEIPT FORM

OF

RFQ, ADDENDA AND RESPONSES TO CLARIFICATION QUESTIONS

(To be attached to SOQ Cover Letter)

(Name of Proposer)

We hereby acknowledge receipt of the Francis Scott Key Bridge Replacement Design-

Build Project, in Anne Arundel County, Baltimore City and Baltimore County, Maryland, RFQ dated July 21, 2026, and subsequent addenda and responses to clarification questions issued by the Maryland Transportation Authority.

ADDENDUM No. Date Issued

Question No. __ through Question No. __ Post Date

(Signed, on behalf of proposer) (Date)

(Printed or Typed Name)

(Title)

7/31/2026

7/31/2026

1 through 27

2 8/6/2026

28 through 36 8/6/2026

Project Title Key Bridge Rebuild Main Span & Marine Approaches

No. Questions Answers

Is there a standard set of sediment control plans that will be provided in this bid or is that part of each GC design package.

Sediment Control plans developed under the Land Approach Contracts will be provided with the KB-4907-0000 RFP or by subsequent addendum. The Design-

Builder will be responsible for maintaining those controls once the land contractor(s) have completed their obligations and for obtaining any required approvals for revisions to those plans associated with its Work.

Per RFQ Section 3.3.2.c.2, the Design Manager requirements state that: "The DM shall communicate regularly with the MDTA and shall be vested with the authority to act on behalf of Design-Builder and shut down the project and provide hold points if warranted."

Proposer is concerned that this provision assigns the Design Manager authority and responsibilities that extend beyond the traditional role of a Design Manager and may create ambiguity regarding project governance, construction management authority, contractual risk allocation, and professional liability obligations. In addition, the RFQ does not define the circumstances under which a project shutdown or hold point would be required, nor the process for establishing and releasing such hold points.

Please consider revising or deleting the requirement that the Design Manager be vested with authority to "shut down the project and provide hold points if warranted" and confirm that the Design Manager's responsibilities are limited to design management, engineering oversight, and QA/QC functions, and that any stop-work authority or construction hold points shall be implemented through the Design-Builder's established project management and quality management procedures.

See revision in Addendum 2. Construction hold points will be as established in the appropriate quality and project management plans and procedures, which are to be developed collaboratively within the Design-Build Team (which includes the Design Manager), and as will be required by the RFP.

Section 3.3.2.C states that all Key Personnel "are required to be available to the

Project up to a full-time basis throughout the duration of the contract." Given that the Project includes distinct design and construction phases, and that certain

Key Personnel roles are primarily associated with design activities (e.g., Design

Manager, Long Span Bridge Engineer, Geotechnical Design Manager, and Cable

Stayed Bridge Erection Engineer), please consider revising this requirement to allow:

a. full-time dedication or availability of such Key Personnel during the periods in which their respective design responsibilities are actively being performed; and

b. thereafter, continued availability on an as-needed basis to support design reviews, responses to RFIs, construction support, design modifications, and other contract requirements through project completion.

MDTA does not intend to relax this requirement. The proposed key personnel must have sufficient availability to devote as much as full-time effort when

Project demands require it, and they cannot be committed to other work in a way that would prevent them from serving the Project. This incudes Key Design

Personnel who may be required to verify and modify designs based on field conditions and construction activities.

Due to the large volume of pages associated with the financial statements of publicly traded companies, will the MDTA allow the inclusion of a separate binder for the Proposer’s financials as part of the original SOQ hard copy?

This is acceptable.

Could MDTA please confirm that audited financial statements prepared in accordance with globally-accepted International Financial Reporting Standards

(IFRS) be accepted as evidence of compliance with Section 3.3.4.B even if they are not prepared under U.S. GAAP? Such confirmation would facilitate the participation of qualified international respondents whose statutory financial statements are prepared in accordance with the accounting standards required by their respective jurisdictions.

The provision in 3.3.4.A requiring an analysis from the surety company discussing the areas of the financial statements that would be affected by a conversion to

GAAP is not standard industry practice and imposes unnecessary time and cost without improving the reliability of the financial information.

See revision in Addendum 2.

The requirements for Geotechnical Design Manager (GDM) include design of structural foundations and earth support structures, analysis and design of mitigation measures for embankment settlement and stability, analysis and design of both temporary and permanent earth support structures, and pavement design. We respectfully request MDTA remove these requirements for this role, as they are not directly relevant to the scope of work at hand.

See revision in Addendum 2.

RFQ Section 3.3.4 (A) requires a surety letter for the Proposer, while Section

3.2.1(C) requires each JV team member to provide separate information demonstrating its financial capacity.

To satisfy Section 3.3.4 Financial Conditions (A) Surety Letter:

Our JV (Proposer) intends to submit one surety letter stating the combined capacity to bond $1.5B; and

To satisfy the requirements of Section 3.2.1 Mandatory Information (C) Financial:

we will submit three years of Audit Financial Statements for each Equity Member of the Proposer.

Does the State of Maryland Agree with our approach for Section 3.3.4(A); and

Section 3.2.1(C)?

Based on the information provided, the outlined approach appears to be consistent with the requirements of RFQ Sections 3.3.4(A) and 3.2.1(C). However, it remains the Proposer's responsibility to submit a Statement of Qualifications that fully complies with all RFQ requirements.

RFQ_Questions_Addendum No. 2.xlsx 1 of 2 8/6/2026

No. Questions Answers

Attachment 7.3 b. requires listing "Cumulative value of Claims is greater than

$1,000,000". Please confirm that claims are disputes unresolved under the applicable contract change order provisions resulting in litigation/arbitration between Contractor and Owner.

Yes, the term "Claim" is intended to refer to disputes that result in litigation or arbitration between the Contractor and Owner. Arbitration includes both binding and non-binding arbitration, which would include dispute review boards or similar bodies.

I’m reaching out because I’m not sure whether MDTA is considering an owner-controlled insurance program (OCIP) for the Key Bridge project or plans to leave the insurance structure with the selected contractor.

MDTA does not intend to implement an owner-controlled insurance program.

Insurance requirements will be included in the Request For Proposals.

RFQ_Questions_Addendum No. 2.xlsx 2 of 2 8/6/2026

Addendum No. 1 – 7/31/2026 Addendum No. 2 – 8/06/2026 timelines, and community information requirements. Emphasize DB experience and extensive project management experience. The proposed

DBPM must be an employee of the Principal Participant. This individual shall be responsible for the overall Project design and construction and shall have the necessary expertise and experience required to supervise and exercise a degree of control of the Work. The individual should be capable of answering questions/inquiries relevant to the project. The DBPM shall be responsible for meeting the Design-Builder’s obligations under the Contract and avoiding and resolving disputes. This individual shall also coordinate any required public outreach and public meetings.

2) Design Manager (DM) - Shall be licensed as a Professional Engineer and with a minimum of fifteen (15) years of demonstrated experience in managing design for infrastructure projects. It is preferred that this experience be in managing design of projects with similar size, type of work, and complexity as this Project. The DM shall be responsible for coordinating the individual design disciplines and ensuring the overall Project design is in conformance with the Contract documents. The DM shall be responsible for establishing and overseeing a QA/QC program for all pertinent disciplines involved in the design of the Project, including, review of design, working plans, shop drawings, specifications, and constructability for the Project. The DM shall have the necessary expertise and experience required to supervise and exercise a degree of control for design and construction and shall accept full professional responsibility for engineering decisions relating to the final Work.

The DM should be fully integrated among the project team including specialty subcontractors and subconsultants. The DM should be directly involved in or have supervisory direction and control authority in making and approving engineering decisions during construction. The DM should be capable of answering questions/inquiries relevant to engineering decisions relating to design and/or construction, demonstrating reasonable knowledge of and proficiency in these areas. The DM shall communicate regularly with the

MDTA and shall be vested with the authority to act on behalf of Design-Builder and shut down the project and provide hold points if warranted. The DM shall ensure that engineering services are performed by qualified, licensed professionals and that plans are signed and sealed by such qualified professionals. The DM should preferably have specific experience on DB projects.

3) Construction Manager (CM) - Shall have be a certified Construction

Manager (CCM) or licensed as a Professional Engineer with a minimum of

30A

Addendum No. 1 – 7/31/2026 Addendum No. 2 – 8/06/2026 profiles for the purpose of geotechnical analysis, design, and construction;

design of structural foundations and earth support structures; design of cofferdams; analysis and design for static and dynamic (seismic) loading under current Load and Resistance Factor Design (LRFD); analysis and design of mitigation measures for embankment settlement and stability;

analysis and design of both temporary and permanent earth support structures; interpreting geotechnical instrumentation programs; and pavement design. The GDM will be responsible for geotechnical design of the retaining walls, foundations, soil and rock revetments, cut and fill slopes, embankment materials and construction, ground improvement (as required), cofferdams, geotechnical instrumentation, and pavement subgrade and structure.

Addendum No. 2 – 8/06/2026

7) Environmental Compliance Manager (ECM) - Shall have a minimum of ten

(10) years of demonstrated experience in environmental permitting, environmental design, and construction management and compliance. It is preferred that this experience be demonstrated on large, complex transportation projects in environmentally sensitive areas. The ECM should have experience with Maryland environmental regulations, Section 404/401 of the Clean Water Act, Maryland DNR’s Critical Area Program, Section 4(f) of the Department of Transportation Act, Section 6(f) of the Land and Water

Conservation Act, and NEPA. The ECM shall have experience in managing others in environmental activities, with bridge and roadway engineering drawings and concepts, and working cooperatively and effectively with design engineers, construction staff and resource and regulatory agencies.

Emphasize Design-Build experience, and knowledge of erosion and sediment control, wetlands/waterways, natural and cultural resources, rare, threatened and endangered species, sturgeon, peregrine falcons, underwater noise levels, and permitting compliance including identification and implementation of mitigation requirements.

Resumes for key personnel positions shall be a maximum of two (2) pages each. Any required licensure, certification, training or years of experience required will not be factored into the quality rating for each Key Personnel; however, any key personnel not meeting these requirements will automatically receive an UNACCEPTABLE rating.

Additional non-required credentials, such as certifications, may be factored into the quality rating of Key Personnel.

Proposers are advised to the requirements of § 14-101 to § 14-103 of the Annotated Code of Maryland regarding professional engineering licensure. Key personnel who are required to be a professional engineer must be registered in Maryland prior to the contract

Notice to Proceed. Where a Proposer proposes an out of state professional engineer, the

Proposer shall include in block 17 of Part I.E of the SF330 the words “Registration

Addendum No. 2 – 08/06/2026

3.3.3 Legal Information (Mandatory Information)

To confirm that the Proposer is or will be legally constituted and able to submit a Proposal and enter into the Contract and complete the Work, and that the members of the

Proposer’s team either have or commit to obtain all required licenses, certifications, trainings, etc. Proposer shall submit:

A) ATTACHMENT 7.4 - Principal Participant and Designer Certification Form (See

Section 7);

B) Teaming Agreement and notarized Power(s) of Attorney for each Principal

Participant authorizing the Principal Participant’s representative to sign for and bind that Principal Participant.

C) Design-Build Team Organization. Briefly describe the proposed legal structure of the

Design-Build Team, and provide copies of underlying teaming agreement(s).

Confidential price data may be excluded or redacted from the organizational legal documents provided. Note: Copies of teaming agreements are excluded from the page count.

3.3.4 Financial Conditions (Mandatory Information)

To identify Proposers with demonstrated capability and stability to undertake the financial responsibilities associated with the Project, including bonding capacity and the capability to effectively manage the scheduled cash flow as well as any unanticipated cash flow needs of the Project; and to identify Proposers with sufficient capacity, considering current, committed and potential workload and past level of contract activity, to successfully complete the design and construction of the Project, Proposer shall submit:

A) Surety Letter

• Evidence that Proposer is capable of obtaining a Performance Bond and a

Payment Bond in an amount of at least $1,500,000,000, in the form of a letter from a surety company indicating that such capacity is anticipated to be available for the contracting entity.

• The surety company providing such letter must be rated at least A- by two nationally recognized credit rating agencies or at least A-VII by A.M. Best &

Company, and must be authorized to do business in Maryland.

• The letter must specifically state that the surety company has read this RFQ and has evaluated the backlog of the Proposer’s team and work-in-progress in determining its bonding capacity.

• If financial statements are prepared in accordance with principles other than

U.S. Generally Accepted Accounting Principles (GAAP), provide a letter

Addendum No. 2 – 08/06/2026 from the surety company, discussing the areas of the financial statements that would be affected by a conversion to GAAP. The letter must include a certification that the surety company’s analysis specifically incorporates a review of this issue and must identify any special conditions that the surety company intends to impose as a condition to issuance of surety bonds for the Proposer.

• Letters indicating “unlimited” bonding/security capability are not acceptable.

• Proposers are advised that the MDTA may, in its discretion based upon the review of the financial statements included in the SOQ, specify that an acceptable guarantor is required as a condition of a Proposer’s placement on the RCL, in which event the Proposer will be required to provide information regarding the proposed guarantor as required by the MDTA, before a decision will be made regarding placement on the RCL.

B) Financial Statements

• Provide Financial Statements for the Proposer and equity members of

Proposer for the three most recent fiscal years, audited by a certified public accountant in accordance with U.S. Generally Accepted Accounting

Principles or International Financial Reporting Standards. If the Proposer is a newly formed entity and does not have independent financial statements, financial statements for the equity owners will be sufficient (and the

Proposer shall expressly state that the Proposer is a newly formed entity and does not have independent financial statements). Financial statements must be provided in U.S. dollars.

• If audited financials are not available for an equity owner, the SOQ shall include unaudited financials for such member, certified as true, correct, and accurate by the chief financial officer or treasurer of the entity. Proposers are advised that if any equity member of the selected Proposer’s team does not have audited financials, the MDTA may require a guarantee of the

Contract to be provided by a separate entity acceptable to the MDTA.

3.3.5 Summary of Contents for SOQ Submission

The contents for the SOQ to be evaluated are listed below:

RFQ

Section Contents for Submission Evaluation Factor

3.2.1A & 3.3.1

Responsiveness to RFQ, including Cover Letter

Mandatory Information