RFP 687 Alaska State Capitol Parking Garage Renovation.pdf

RFP 687 Alaska State Capitol Parking Garage Renovation Issued By: JC Kestel, Procurement Manager, Legislative Affairs Agency Issue Date: May 18, 2026 Page 1 of 78

REQUEST FOR PROPOSALS PACKAGE

RETURN THIS PROPOSAL TO THE ISSUING OFFICE:

LEGISLATIVE AFFAIRS AGENCY

Procurement and Supply Section

Issuing Office Mailing Address: State Capitol, 120 4th Street, Room 3, Juneau, AK 99801-1182

Issuing Office Hand Delivery Address: Terry Miller Legislative Office Building, 129 6th Street, Room 222, Juneau, Alaska

REQUEST FOR PROPOSALS (RFP) NO. 687

ALASKA STATE CAPITOL PARKING GARAGE RENOVATION

SEALED PROPOSALS MUST BE RECEIVED AT THE ABOVE ADDRESS BY 12:00

P.M. ON FRIDAY, JULY 31, 2026. EMAILED AND FAXED PROPOSALS ARE NOT

ALLOWED.

Offerors Are Not Required to Return this RFP with the Proposal

Under AS 36.30.020, the Alaska Legislative Council adopted procurement procedures that were based on competitive principles consistent with AS 36.30 and adapted to the special needs of the Legislative Branch. Therefore, the Legislative Branch follows its own procurement procedures and is not subject to the procurement procedures of the Executive Branch. Copies of the Alaska Legislative Procurement Procedures are available upon request or at:

https://aws.state.ak.us/OnlinePublicNotices/Notices/Attachment.aspx?id=161929

IMPORTANT NOTICE: YOU MUST REGISTER WITH THE PROCUREMENT MANAGER LISTED IN THIS

DOCUMENT TO RECEIVE SUBSEQUENT AMENDMENTS, WHETHER YOU RECEIVED THIS RFP FROM

THE STATE OF ALASKA’S “ONLINE PUBLIC NOTICE” WEBSITE, VIA THE MAIL, OR FROM ANOTHER

SOURCE. FAILURE TO CONTACT THE PROCUREMENT MANAGER MAY RESULT IN THE REJECTION

OF YOUR PROPOSAL. OFFERORS SHALL THOROUGHLY REVIEW ALL THE REQUIREMENTS OF THE

RFP WHEN SUBMITTING THEIR PROPOSALS. A PROPOSAL CHECKLIST HAS BEEN INCLUDED FOR

OFFERORS TO USE. THE CHECKLIST IS INTENDED AS A REMINDER OF CERTAIN IMPORTANT ITEMS AND IS NOT INTENDED TO BE A COMPLETE LIST OF WHAT MUST BE INCLUDED IN THE PROPOSAL.

JC Kestel, Procurement Manager

PH: 907-465-3763

TDD: 907-465-4980

Email: LAA.Procurement@AKLeg.gov https://aws.state.ak.us/OnlinePublicNotices/Notices/Attachment.aspx?id=161929 mailto:LAA.Procurement@AKLeg.gov

Issue Date: May 18, 2026 Page 2 of 78

TABLE OF CONTENTS

Section One – Notice to Offerors

1.01 Purpose of RFP

1.02 Procurement Manager

1.03 Mandatory Pre-Proposal Meeting and Site Visit

1.04 Schedule of Events

1.05 Right of Rejection

1.06 Photocopies

1.07 Alaska Business License and Legal Entity

1.08 U.S. Funds

1.09 Taxes

1.10 Contacts / RFP Questions / Contact Person

1.11 Review of RFP

1.12 Designs, Devices, Materials, and Processes Covered by Patents, Trademarks, or Copyrights

1.13 Compliance of Specifications and Drawings

1.14 Professional Registration and Certification

1.15 Local Building Codes

1.16 Air Quality Control

1.17 Covenant Against Contingent Fees

1.18 Protest

1.19 Proposal Submission, Delivery, and Acceptance

1.20 Americans with Disabilities Act

1.21 Preference For Alaska Offeror

1.22 Use of Local Products

1.23 Fund Obligations

1.24 Cancellation; Rejection of All Proposals; Preparation Costs

1.25 Rejection of Individual Proposals

1.26 Procurement Procedures

1.27 Contract Negotiations

1.28 Failure To Negotiate

1.29 Firm Offer

1.30 Award Criteria

1.31 Award of Contract

1.32 Notice of Intent To Award

1.33 Format of Contract

1.34 Additional Terms and Conditions

1.35 Contract Term

1.36 Payment Under Contract

1.37 Contract Amendments

1.38 Contract Assignment / Transfer

1.39 Binding on Successors

1.40 Breach of Contract

Issue Date: May 18, 2026 Page 3 of 78

1.41 Termination of Contract

1.42 Records: Audit

1.43 Ownership and Reuse of Documents

1.44 Applicable Laws

1.45 Venue and Applicable Law

1.46 Indemnification

1.47 Insurance

1.48 Force Majeure

1.49 Time

1.50 Coverage Under Ethics Law

1.51 Prevailing Wage

1.52 Proposal Security

1.53 Performance and Payment Bonds

1.54 Definitions

Section Two - Scope of Work and Products

2.01 Scope of Work

2.02 Successful Offeror’s Responsibilities

2.03 Project Site

2.04 Project Director

2.05 Building Permit

2.06 Change Order

2.07 Project Meetings

2.08 Liquidated Damages

2.09 Special Requirements

Section Three - General Conditions And Requirements

3.01 Authorities and Limitations

3.02 Proposal Documents: Intent, Amending, Reuse

3.03 Lands and Physical Conditions

3.04 Successful Offeror’s Responsibilities

3.05 Other Work

3.06 Changes

3.07 Contract Price, Computation, and Change

3.08 Contract Time, Computation, and Change

3.09 Quality Assurance

3.10 Payments to Successful Offeror and Completion

3.11 Suspension of Work, Default, and Termination

3.12 Claims and Disputes

Section Four - Proposal Format And Content

4.01 General Instructions

4.02 Technical Proposal Format

4.03 Cost Proposal Requirements

Issue Date: May 18, 2026 Page 4 of 78

Section Five - Evaluation Criteria

5.01 Evaluation Process

5.02 Project Scheduling, Understanding, and Methodology

5.03 Project Management Plan

5.04 Experience and Qualifications

5.05 Cost Proposal

Section Six – RFP and Contract Forms

6.01 Offeror Questionnaire

6.02 Subcontractor List

6.03 Alaska Product Preference Claim Form

6.04 Proposal Bond

6.05 Performance Bond

6.06 Payment Bond

6.07 Cost Proposal Form

6.08 Proposal Checklist

Attachments for RFP 687 - Two External Attachments Attachment 1 - Construction Drawings and Specifications for RFP 687…………………14 pages Attachment 2 - Laborers’ and Mechanics’ Minimum Rates of Pay Pamphlet...……….…39 pages

Issue Date: May 18, 2026 Page 5 of 78

Section One – Notice to Offerors

1.01 PURPOSE OF RFP

The Legislative Affairs Agency (Agency) is soliciting proposals from qualified Offerors (Successful Offeror) to renovate the parking garage at the Alaska State Capitol (Capitol Garage) in Juneau, Alaska. This project consists of structural repairs, drainage repairs; removal, resurfacing, and repainting of the upper parking deck. This RFP and the included attachments are intended to encompass all labor, supervision, materials, supplies, tools, equipment, and disposal necessary to complete the Work.

1.02 PROCUREMENT MANAGER

The Procurement Manager for this project is the Agency’s Procurement Officer. The Procurement Managers office is located in Juneau, Alaska. EMAIL:

LAA.Procurement@AKLeg.gov, PH: 907-465-3763, TDD: 907-465-4980.

1.03 MANDATORY PRE-PROPOSAL MEETING AND SITE VISIT

All prospective Offerors are required to attend the pre-proposal meeting and site visit to be considered for award of the Contract. The mandatory pre-proposal meeting and site visit is scheduled to begin at 2:00 pm Friday, May 29, 2026, at the Terry Miller Legislative Office Building, 129 6th Street, 1st floor Conference Room 104, Juneau, Alaska, (enter Terry Miller Building at entrance near corner of Seward and 5th Streets) with a site visit of the Capitol Garage to follow.

The purpose of the pre-proposal meeting and site visit is to discuss details of the RFP with the prospective Offerors and allow them to ask questions concerning the RFP. Following the meeting, the Project Director will coordinate a site visit of the Capitol Garage project site for the purpose of planning and preparing the Offeror's Proposal for this RFP. The site visit will be limited to 60 minutes and all visitors attending will be required to follow current Legislative Building policies while on site.

The Agency will not provide any information on what information was given or details discussed during the meeting or site visit to potential Offerors that do not attend the meeting and site visit. Participants should read the RFP and attend the meeting and site visit in person and be prepared to discuss any concerns and ask questions.

Questions asked during the meeting and site visit will be answered in accordance with paragraph

1.10 (Contacts / RFP Questions / Contact Person) of this RFP. The Procurement Manager may request potential Offerors to submit questions in writing for further clarification.

Offerors with a disability needing accommodation should contact the Procurement Manager prior to the date set for the pre-proposal meeting and site visit so that reasonable accommodation can be made.

1.04 SCHEDULE OF EVENTS

This schedule represents the Agency’s best estimate. If one component is delayed, the remainder of the schedule may be shifted an equivalent number of days.

mailto:LAA.Procurement@AKLeg.gov

Issue Date: May 18, 2026 Page 6 of 78

RFP Issue Date May 18, 2026 Mandatory Pre-Proposal Meeting and Site Visit May 29, 2026 Deadline for Written Questions June 30, 2026 Deadline for Receipt of Proposals – Proposals Opened July 31, 2026 Notice of Intent to Award Contract Issued August 2026 Agency Signs Contract September 2026

1.05 RIGHT OF REJECTION

A proposal may be rejected if the proposal contains a material alteration or erasure that is not initialed by the signer of the proposal.

The Procurement Manager may waive minor informalities that:

a. do not affect responsiveness;

b. are merely a matter of form or format;

c. do not change the relative standing of or otherwise prejudice other offers;

d. do not change the meaning or scope of the RFP;

e. are trivial, negligible, or immaterial in nature;

f. do not reflect a material change in the work, services, or products requested; or

g. do not constitute a substantial reservation against a requirement or provision.

1.06 PHOTOCOPIES

Photocopied proposals may be submitted as long as one copy has an original signature on the enclosed Proposal and Price Offer Forms.

1.07 ALASKA BUSINESS LICENSE AND LEGAL ENTITY

The Offeror must have a current valid Alaska business license when the proposal is submitted.

The Offeror must include the business license number in the cover letter or provide a copy of the business license with the Proposal. The Offeror must include in the cover letter the type of legal (e.g., corporate) entity of the Offeror and the current status of that entity. If the Offeror is a corporation or a limited liability company, the business entity must be in good standing with the state of Alaska Department of Commerce, Community, and Economic Development at the time of proposal submission. For more information regarding an Alaska business license or legal entity’s status, please contact the Division of Corporations, Business, and Professional Licensing in the Department of Commerce, Community, and Economic Development at (907) 465-2550 or visit: https://www.commerce.alaska.gov/web/cbpl. If an Offeror fails to comply with this paragraph, the Agency reserves the right to disregard the proposal.

1.08 U.S. FUNDS

Prices quoted shall be in U.S. funds.

1.09 TAXES

The Contractor is responsible for all local, state, or federal taxes. All proposals shall be submitted exclusive of federal, state, and local taxes.

https://www.commerce.alaska.gov/web/cbpl

Issue Date: May 18, 2026 Page 7 of 78

1.10 CONTACTS / RFP QUESTIONS / CONTACT PERSON

Offerors or their agents may not contact any member of the Proposal Evaluation Committee (PEC) or their staff, or any member of the legislature or their staff regarding this RFP. All questions concerning this request for proposals must be directed to the Procurement Manager.

There are generally two types of questions:

1. A question which can be answered by directing the Offeror to the specific section of the

RFP where the information is found. Response to these questions may be given over the phone but are limited to directing the Offeror to a portion of the RFP which can then be read by the Offeror.

2. A question that would require the Procurement Manager to clarify or interpret part of the

RFP or its intent. Response to this type of question will not be given except in writing via amendment to the RFP, and Offerors must put these questions in writing; these questions should be received by the Procurement Manager at least thirty (30) days prior to the deadline for receipt of proposals.

1.11 REVIEW OF RFP

Offerors shall carefully review this RFP, without delay, for defects and questionable or objectionable material. Comments concerning defects and questionable or objectionable material must be made in writing and should be received by the Procurement Manager at least fourteen (14) days before the deadline for receipt of proposals. This will allow issuance of any necessary amendments. It will also help prevent the opening of a defective solicitation and exposure of an Offeror’s proposal upon which award could not be made.

1.12 DESIGNS, DEVICES, MATERIALS, AND PROCESSES COVERED BY PATENTS,

TRADEMARKS, OR COPYRIGHTS

If the Successful Offeror employs any design, device, material, or process covered by a patent, trademark, or copyright, the Successful Offeror shall provide for the use by suitable legal agreement with the owner. The Successful Offeror and the Surety shall indemnify and save harmless the Agency, any affected third party, and any affected political subdivision from any and all claims for infringement by reason of the use of the patented design, device, material, or process, or any trademark or copyright, and shall indemnify the Agency for any costs, expenses, and damages which it may be obliged to pay by reason of any infringement at any time during the prosecution or after the completion of the Work.

1.13 COMPLIANCE OF SPECIFICATIONS AND DRAWINGS

If the Successful Offeror observes that the Work and Construction and Specification Drawings supplied by the Agency are at variance with any Regulatory Requirements, the Successful Offeror shall give the Project Director named in paragraph 2.04 (Project Director) of the Scope of Work and Products of this RFP or the resulting contract, prompt written notice of the variance. Any necessary changes will be authorized by one of the methods indicated in paragraph 3.06.b. (Authorization of Changes within the General Scope) of the General Conditions and Requirements of this RFP, as supplemented by paragraph 2.06 (Change Order) of the Scope of Work and Products of this RFP, as determined appropriate by the Project

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Director. If the Successful Offeror performs any Work knowing or having reason to know that it is contrary to the Regulatory Requirements, and without giving the notice to the Project Director, the Successful Offeror shall bear all costs arising from the situation.

1.14 PROFESSIONAL REGISTRATION AND CERTIFICATION

All contractors, craft trades, architects, engineers, land surveyors, electrical administrators, mechanical administrators, and explosive handlers employed as subcontractors or employees under the contract shall specifically comply with applicable provisions of AS 08.18, AS 08.40, AS 08.48, and AS 08.52. The Successful Offeror shall provide copies of individual licenses within seven days following a request from the Project Director.

1.15 LOCAL BUILDING CODES

The Successful Offeror shall comply with AS 35.10.025, which requires construction in accordance with applicable local building codes including, but not limited to, the obtaining of required permits.

1.16 AIR QUALITY CONTROL

The Successful Offeror shall comply with all applicable provisions of AS 46.14 that pertain to Air Pollution Control.

1.17 COVENANT AGAINST CONTINGENT FEES

The Successful Offeror warrants that no person or selling agent has been employed or retained to solicit or secure the Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Successful Offeror for the purpose of securing business. For breach or violation of this warranty, the Agency shall have the right to cancel this Contract without liability or, in its discretion, to deduct price of consideration from the Contract or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

1.18 PROTEST

If an Offeror wishes to protest a solicitation, the award of a contract, or the proposed award of a contract, the protest must be filed as required by secs. 230 and 240 of the Alaska Legislative Procurement Procedures.

1.19 PROPOSAL SUBMISSION, DELIVERY, AND ACCEPTANCE

Offerors must submit and deliver one original hard copy and a USB flash drive containing a print-ready electronic PDF version of their technical proposal and one original hard copy of their cost proposal along with a Proposal Security (Proposal Bond) to the Issuing Office mailing or hand delivery address listed on Page one (1) no later than the date and time listed on Page one (1) of this RFP as the deadline for receipt of proposals. Mailed or hand delivered packages must be marked on the outside to identify the RFP and the Offeror.

An Offeror must complete and submit original hard copies of the forms in paragraph 6.01 (Offeror Questionnaire), paragraph 6.02 (Subcontractor List), paragraph 6.03 (Alaska Product

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Preference Claim Form), if applicable, paragraph 6.04 (Proposal Bond), and paragraph 6.07 (Cost Proposal Form).

One (1) original hard copy of the forms in paragraph 6.03 (Alaska Product Claim Form) if applicable, one (1) original Proposal Bond in paragraph 6.04 (Proposal Bond) and, paragraph

6.07 (Cost Proposal Form) should be submitted in a separate sealed envelope marked Cost Proposal with the RFP number and identity of the Offeror on the outside of the envelope that the Proposal is sent in.

One (1) original hard copy and a USB flash drive, both containing the forms in paragraph 6.01 (Offeror Questionnaire), paragraph 6.02 (Subcontractor List), one (1) signed copy of any Agency issued Amendments to this RFP, and the remainder of the TECHNICAL PROPOSAL OF THE OFFER should be submitted in a sealed envelope or container with the RFP number and identity of the Offeror on the outside of the sealed envelope or container.

Failure to follow the above instructions may result in the proposal being found non-responsive and rejected.

It is the responsibility of the Offeror to ensure that their proposal and any Agency-issued RFP forms, attachments, or amendments (signed by the Offeror) are in the issuing office of the Agency prior to the scheduled proposal closing time. A proposal will be rejected if the proposal and any signed forms, attachments, or amendments are not received prior to the closing date and time. Any forms, attachments, or amendments that are submitted by the Offeror should be included in the Offerors Technical Proposal packet.

1.20 AMERICANS WITH DISABILITIES ACT

The Alaska State Legislature complies with Title II of the Americans with Disabilities Act of 1990. Individuals with disabilities who may need auxiliary aids, services, or special modifications to submit a proposal should contact JC Kestel, Procurement Manager, Legislative Affairs Agency, (907) 465-6705 - Voice, (907) 465-4980 - TDD within a reasonable time, as determined by the Agency, before the proposals are due to make any necessary arrangements.

1.21 PREFERENCE FOR ALASKA OFFEROR

If an Offeror qualifies for the Alaska Bidder Preference, the Offeror will receive a preference of five (5) percent, applied in accordance with sec. 145 (Contract Award) of the Alaska Legislative Procurement Procedures. To qualify for the preference, the Offeror must: (a) hold a current Alaska business license; (b) submit an offer for the Contract under the name that appears on the person's current Alaska business license; (c) have maintained a place of business in the State staffed by the Offeror or an employee of the Offeror for a period of six months immediately preceding the date of this offer; (d) be incorporated or qualified to do business under the laws of the State, be a sole proprietorship and the proprietor is a resident of the State, be a limited liability company organized under AS 10.50 and all members are residents of the State, or be a partnership under AS 32.06 or AS 32.11 and all partners are residents of the State; and, if a joint venture, be composed entirely of ventures that qualify under (a) - (d) of this paragraph.

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To receive the Alaska Bidder Preference, the proposal must include a statement certifying that the Offeror is eligible to receive the Alaska Bidder Preference. If the Offeror is a limited liability company (LLC) or a partnership as identified in the previous paragraph, the statement must also identify each member or partner and certify that all members or partners are residents of the State. If the Offeror is a joint venture which includes an LLC or a partnership as identified in the previous paragraph, the statement must also identify each member or partner of each LLC or partnership that is included in the joint venture and certify that all of those members or partners are residents of the State.

1.22 USE OF LOCAL PRODUCTS

Section 142 of the Alaska Legislative Procurement Procedures states that in a contract involving the purchase of supplies, including a construction contract, only products manufactured, produced, or harvested in the state may be purchased if the supplies are competitively priced, available, and of like quality compared with products manufactured, produced, or harvested outside the state. AS 36.15.010 requires that in a project financed by State money in which the use of timber, lumber, and manufactured lumber products is required, only timber, lumber, and manufactured lumber products originating in this State from local forests shall be used wherever practicable. Therefore, if construction, repair, renovation, redecoration, or other alteration is to be performed by the Successful Offeror to satisfy this RFP or to comply with a provision of the Contract, the Successful Offeror must use, wherever practical, timber, lumber, and manufactured lumber products originating in the State from local forests and only products manufactured, produced, or harvested in the state may be purchased if the supplies are competitively priced, available, and of like quality compared with products manufactured, produced, or harvested outside the state.

1.23 FUND OBLIGATIONS

The funds are anticipated to be available in an appropriation to pay for the Agency’s monetary obligations under the Contract. The availability of funds to pay for the Agency’s monetary obligations under the Contract is contingent upon appropriation of funds for the particular fiscal year involved. In addition to any other right of the Agency under this contract to terminate the Contract, if, in the judgment of the Executive Director of the Agency, sufficient funds are not appropriated, the Contract will be terminated by the Executive Director or amended, without liability of the Agency for the termination or amendment. To terminate under this section, the Project Director shall provide written notice of the termination to the Successful Offeror.

1.24 CANCELLATION; REJECTION OF ALL PROPOSALS; PREPARATION COSTS

This RFP does not obligate the Agency or the Alaska Legislative Council to award a contract or to pay any costs incurred in the preparation of the proposal if a contract is not awarded. This RFP may be cancelled, or all proposals rejected, as provided in sec. 120 of the Alaska Legislative Procurement Procedures. Among the reasons that justify cancellation is that all of the responsive proposals exceed the funds available for the Contract.

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1.25 REJECTION OF INDIVIDUAL PROPOSALS

A proposal may be rejected in whole or in part when in the best interest of the Agency, as provided in sec. 130 of the Alaska Legislative Procurement Procedures.

1.26 PROCUREMENT PROCEDURES

This RFP is subject to the Alaska Legislative Procurement Procedures. The website link to the Procurement Procedures may be found on page one of this RFP.

1.27 CONTRACT NEGOTIATIONS

After issuing the Notice of Intent to Award (NIA), the Agency may elect to initiate contract negotiations. The option of whether or not to initiate contract negotiations rests solely with the Agency. If the Agency elects to initiate contract negotiations, these negotiations cannot involve changes in the Agency’s requirements or the Offeror’s proposal that would, by their nature, affect the basis of the source selection and the competition previously conducted.

1.28 FAILURE TO NEGOTIATE

The Agency may terminate negotiations under paragraph 1.27 (Contract Negotiations) of these Notices to Offerors and negotiate with the next highest ranked Offeror if:

a. the selected Offeror fails to provide the necessary information required to begin negotiations in a timely manner;

b. the selected Offeror fails to negotiate in good faith;

c. the selected Offeror indicates it cannot perform the contract within the budgeted funds available for the project; or

d. the selected Offeror and the Agency, after a good faith effort, cannot come to terms.

1.29 FIRM OFFER

For the purpose of award, even if a notice of intent to award to another offeror is issued during the one hundred twenty (120) days or a contract is entered into with another offeror during the one hundred twenty (120) days, proposals made in accordance with this RFP shall be good and firm for a period of one hundred twenty (120) days from the deadline for receipt of proposals in response to the RFP.

1.30 AWARD CRITERIA

All Offerors should note that final award of a contract based on this RFP is not solely based on the price. See Section Five (Evaluation Criteria) of this RFP for details on how proposals will be evaluated and awarded points.

1.31 AWARD OF CONTRACT

Award of this RFP is subject to approval by the State of Alaska Legislative Council.

1.32 NOTICE OF INTENT TO AWARD

Upon selection of an apparent Successful Offeror, the Procurement Manager will issue a written NIA and send copies to all Offerors. The NIA will list the names and addresses of all Offerors and identify the proposal selected for award.

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1.33 FORMAT OF CONTRACT

The Contract will be in the contract format desired by the Agency and will include the provisions of the RFP that apply to the Contract.

1.34 ADDITIONAL TERMS AND CONDITIONS

The Agency reserves the right to include additional terms and conditions in the Contract.

However, these terms and conditions must be within the scope of the RFP and may not amount to a material modification of this RFP.

1.35 CONTRACT TERM

The Successful Offeror shall begin the ordering of any materials required for the Work after the Contract has been signed. The Work can begin after the adjournment of the first legislative session of the 35th Alaska Legislature which is anticipated to occur in May 2027. The Successful Offeror shall propose a timeline that the Work can be completed in the Offeror’s Technical Proposal with Work completed no later than October 31, 2027. Time is of the essence, so the Work must proceed without delay until it is completed; however, if a Special Session occurs, the Agency may suspend the Work until the Special Session is over. If the Work is suspended due to a Special Session, the Work completion date of the Contract will be extended by the Agency. If material deliveries delay the Work, the Successful Offeror may request an extension of time in writing by submitting the time extension request on the Agency’s Change Order Form.

1.36 PAYMENT UNDER CONTRACT

Payment under the Contract, including payment of subcontractors by the Successful Offeror, is subject to AS 36.90.200 – 36.90.290.

1.37 CONTRACT AMENDMENTS

In addition to any other amendment the parties may be allowed to make under the Contract, the terms of the Contract may be amended by mutual agreement of the parties if the Agency determines that the amendment is in the best interests of the Agency.

1.38 CONTRACT ASSIGNMENT / TRANSFER

Assignment or transfer of the Contract is subject to sec. 160 of the Alaska Legislative Procurement Procedures.

1.39 BINDING ON SUCCESSORS

Subject to paragraph 1.26 (Procurement Procedures) and paragraph 1.38 (Contract Assignment / Transfer) of this RFP, the Contract and all the covenants, provisions, and conditions contained in the Contract shall inure to the benefit of and be binding upon the successors and assigns of the Successful Offeror and the Agency.

1.40 BREACH OF CONTRACT

In case of a breach of the Contract, for whatever reason, by the Successful Offeror, the Agency may procure the services from other sources and hold the Successful Offeror responsible for damages resulting from the breach.

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1.41 TERMINATION OF CONTRACT

Upon delivery of written notice to the Successful Offeror, the Contract may be terminated by the Project Director with or without cause. To terminate, the Project Director shall provide notice by e-mail or delivery of a hard copy to the Successful Offeror, whichever method is selected, in the sole discretion of the Project Director. If the Contract is so terminated and the termination is not based on a breach by the Successful Offeror, the Agency shall compensate the Successful Offeror for services and/or products provided under the terms of the Contract up to the date the termination notice is delivered, provided the Successful Offeror provides the Agency with a statement in writing containing a description of the services and/or products provided prior to contract termination and a copy of all documents, reports, material, and other items required to be delivered to the Project Director by this RFP.

1.42 RECORDS: AUDIT

The requirements in this paragraph 1.42 (Records; Audit) are in addition to any other records required by this RFP. Unless the resulting contract will be only for products, the Successful Offeror shall accurately maintain detailed time records that state the date of the work, break down the time in quarters of an hour, describe in detail the work done during the quarter of an hour, and identify what individual did the work. For all types of contracts, the Successful Offeror shall also keep any other records that are required by the Project Director. The records required by this paragraph are subject to inspection by the Agency or the Project Director at all reasonable times.

1.43 OWNERSHIP AND REUSE OF DOCUMENTS

Unless an RFP only is soliciting for products, all documents, reports, material, and other items generated as a consequence of work done under the Contract are the property of the Agency.

To the extent the Successful Offeror has any interest in the copyright for these items under the copyright laws of the United States, the Successful Offeror transfers any and all interest the Successful Offeror has in the copyright for these items to the Agency, and the Agency will be the owner of the copyright for these items. Upon completion of the work or termination of the Contract, the items shall be delivered to the Project Director. The Successful Offeror acknowledges that all the items are Agency records and, as a result, are public records.

1.44 APPLICABLE LAWS

The Successful Offeror and its offer must comply with all applicable federal, state, and municipal labor, wage/hour, safety, and any other laws which have a bearing on the Contract.

The Successful Offer must have all licenses, registrations, permits, and certifications required by the Agency and state and municipal law for performance of the Contract.

1.45 VENUE AND APPLICABLE LAW

In the event that the parties find it necessary to litigate the terms of the Contract, the venue shall be the State of Alaska, First Judicial District at Juneau, and the Contract shall be interpreted according to the laws of Alaska.

1.46 INDEMNIFICATION

The Successful Offeror shall indemnify, save harmless, and defend the Agency and the Agency’s officers, agents, employees, and invitees from liability of any nature or kind, Issue Date: May 18, 2026 Page 14 of 78 including, but not limited to, costs, attorney fees, and expenses, for or on account of any and all legal actions or claims of any character whatsoever resulting from injuries or damages sustained by any person or persons or property as a result of any error, omission, or negligence of the Successful Offeror that relates to the Successful Offeror's performance of its Contract obligations.

1.47 INSURANCE

Without limiting Successful Offeror’s indemnification responsibilities under paragraph 1.46 (Indemnification) of this RFP, the Successful Offeror shall purchase, at its own expense, and maintain in force at all times during the Contract the following insurance:

A. Workers’ compensation insurance as required by AS 23.30.045(d) for all employees engaged in work under the Contract and as required by any other applicable law; the Successful Offeror will be responsible for worker’s compensation insurance for any subcontractor who directly or indirectly provides services under the Contract; this coverage must include a waiver of subrogation against the State of Alaska;

B. Comprehensive general liability insurance covering all business premises of, and operations by or on behalf of, the Successful Offeror in the performance of the Contract, including, but not limited to, blanket contractual coverage, products coverage, premises and operations coverage, independent contractor's coverage, broad form property damage endorsement, and personal injury endorsement; the policy must have minimum coverage limits of $1,000,000 combined single limit per occurrence and annual aggregates where generally applicable; unless waived by the Agency, the insurance policy shall name the Agency as an additional insured;

C. Commercial automobile liability insurance covering all vehicles used by the Successful

Offeror or any subcontractor who directly or indirectly provides services under the Contract in the performance of the Contract, with minimum coverage limits of $500,000 combined single limit per occurrence;

The Successful Offeror must have the policy for the insurance listed in A. – C. above in effect and proof must be furnished to the Procurement Manager before a contract is entered into.

Each of the required insurance policies must provide for the Agency to receive thirty (30) day prior notice of any cancellation. Where specific limits are shown above, it is understood that they are the minimum acceptable limits. If a policy contains higher limits, the Agency will be entitled to coverage to the extent of the higher limits. All insurance policies must comply with, and be issued by, insurers licensed to transact the business of insurance in Alaska or in another state.

All insurance shall be considered to be primary and non-contributory to any other insurance carried by the Agency through self-insurance or otherwise.

In addition to providing the above coverages, the Successful Offeror shall require that all indemnities obtained from any Subcontractors be extended to include the Agency as an additional named indemnitee. The Successful Offeror shall further require that the Agency be

Issue Date: May 18, 2026 Page 15 of 78 named as an additional insured on all liability insurance policies maintained by all Subcontractors under their contracts with the Successful Offeror, and that an appropriate waiver of subrogation in favor of the Agency be obtained with respect to all other insurance policies.

1.48 FORCE MAJEURE

The Successful Offeror is not liable for the consequences of any delay or failure to perform, or default in performing, any of its obligations under this Agreement, if that failure or default is caused by any unforeseeable Force Majeure, beyond the control of, and without the fault or negligence of, the Successful Offeror. For the purposes of this section, “Force Majeure” means:

war (whether declared or not); revolution; invasion; insurrection; riot; civil commotion;

sabotage; military or usurped power; lightning; explosion; fire; storm; drought; flood;

earthquake; epidemic; quarantine; or strikes.

1.49 TIME

Time is of the essence.

1.50 COVERAGE UNDER ETHICS LAW

Certain provisions of the Legislative Ethics Act (AS 24.60) apply to legislative consultants, legislative independent contractors, and their employees. It is the responsibility of the Successful Offeror to review and comply with AS 24.60.

1.51 PREVAILING WAGE

The Contract may be subject to the minimum wage and other requirements of AS 36.05. It is the responsibility of the Successful Offeror to check with Department of Labor and Workforce Development to determine if the Contract will require the prevailing wage. The current minimum wages for various classes of laborers, mechanics, and field surveyors (as these terms are defined in AS 36.95.010) are listed in the Laborers’ and Mechanics’ Minimum Rates of Pay Pamphlet No. 600, included with this RFP as Attachment 2 (Laborers’ and Mechanics’ Minimum Rates of Pay Pamphlet), and the rate of wages paid by the Successful Offeror during the Contract shall be adjusted to the wage rate under AS 36.05. The Successful Offeror and any subcontractor shall pay all employees unconditionally and not less than once a week.

Wages may not be less than those required by AS 36.05 regardless of the contractual relationship between the Successful Offeror or subcontractors and laborers, mechanics, or field surveyors. The scale of wages to be paid shall be posted by the Successful Offeror in a prominent and easily accessible place at the site of the Work. The Agency may withhold so much of the accrued payments as is necessary to pay to laborers, mechanics, or field surveyors employed by the Successful Offeror or subcontractors the difference between (1) the rates of wages required by the Contract to be paid laborers, mechanics, or field surveyors on the Work, and (2) the rates of wages in fact received by laborers, mechanics, or field surveyors. Before commencing work, the Successful Offeror is required to designate a primary contractor under AS 36.05.045, and the primary contractor is required to file a notice of work with the Department of Labor and Workforce Development, to pay certain filing fees, and to comply with certain other requirements involving the Department of Labor and Workforce Development after the Work is completed and before final payment can be made. Before final payment of the Contract is made, it is the responsibility of the Successful Offeror to submit a

Issue Date: May 18, 2026 Page 16 of 78

Notice of Completion form signed off by the Department of Labor and Workforce Development, wage and hour section, to the Agency. The final payment of the Contract may be affected by the Successful Offeror’s compliance with the requirements. The Successful Offeror is encouraged to contact the wage and hour section of the Department of Labor and Workforce Development for more information.

With regard to overtime work hours and compensation, pursuant to 40 U.S.C. 3701 – 3703 or AS 23.10.060, the Successful Offeror may not require or permit any laborer or mechanic in any work week in which the laborer or mechanic is employed on any Work under this Contract to work in excess of eight hours in any calendar day or in excess of forty hours in such work week on work subject to 40 U.S.C. 3701 – 3703 or AS 23.10.060 unless such laborer or mechanic receives compensation at a rate not less than one and one half times the basic rate of pay for all such hours worked in excess of eight hours in any calendar day or in excess of forty hours in such work week, whichever is the greater number of overtime hours. In the event of any violation of this provision, the Successful Offeror shall be liable to any affected employee for any amounts due, liquidated damages, and penalties and to the Agency for liquidated damages. Such liquidated damages to the Agency shall be computed with respect to each individual laborer or mechanic employed in violation of this provision in the sum of $10.00 for each calendar day on which such employee was required or permitted to be employed on such Work in excess of eight hours or in excess of the standard work week of forty hours without payment of the overtime wages.

If it is found that a laborer, mechanic, or field surveyor employed by the Successful Offeror has been or is being paid a rate of wages less than the rate of wages required by law, the Agency may, by written notice to the Successful Offeror, terminate the Successful Offeror’s right to proceed with the work or the part of the work for which there is a failure to pay the required wages and may proceed with the work to ensure its timely completion, by contract with a third party or otherwise. The Successful Offeror and the Successful Offeror’s sureties are liable to the Agency for excess costs for completing the work under this paragraph.

1.52 PROPOSAL SECURITY

All proposals shall be accompanied by a proposal security in the form of an acceptable Proposal Bond, or a certified check, cashier’s check, or money order made payable to the State of Alaska, Legislative Affairs Agency. The proposal security is required in the amount of five

(5) percent of the amount of the proposal amount.

If the Offeror fails to furnish an acceptable proposal security with the proposal, the proposal will be rejected as non-responsive. An individual surety will not be accepted as a proposal security. The proposal securities of the two most advantageous Offerors will be held by the Agency until the Contract has been executed, after which such proposal securities will be returned. All other proposal securities will be returned as soon as practicable. If all proposals are rejected, all proposal securities will be returned as soon as practicable. (Proposal Bond attached in in Section Six (RFP and Contract Forms) of this RFP for the Offeror’s use).

Issue Date: May 18, 2026 Page 17 of 78

1.53 PERFORMANCE AND PAYMENT BONDS

If the Contract exceeds $100,000, the Successful Offeror must provide a performance bond and a payment bond that satisfy AS 36.25.010(a). If the Successful Offeror fails to furnish the required performance bond and payment bond within 14 calendar days of the issuance of the Agency’s notice to proceed with the Work to the Successful Offeror, the Agency may determine the Successful Offeror to be a non-responsive Offeror and award the Contract to the next ranked Offeror. The Performance Bond must be in an amount equal to 50% of the proposal price and the Payment Bond must be an amount equal to 50% of the proposal price.

(Performance Bond and Payment Bond are attached in Section Six (RFP and Contract Forms) of this RFP for the Successful Offeror’s use).

1.54 DEFINITIONS

In this RFP:

a. Agency means the Legislative Affairs Agency.

b. Calendar Day means a day shown on the calendar, beginning and ending at midnight.

c. Change Order means a written order by the Agency making changes to the contract within the scope of the contract.

d. Contract means the Contract resulting from this RFP, including, but not limited to, the form; the clarifications, corrections, and changes issued graphically or in writing by the Agency after the advertisement but prior to the opening of proposals; the proposal requirements and Successful Offeror’s proposal (including, but not limited to, all appropriate proposal tender forms); the bonds; the conditions and requirements of the Contract, including, but not limited to, the Notices to Offerors; the accompanying construction drawings included as Attachment 1 (Construction Drawings and Specifications for RFP 687), Attachment 2 (Laborers’ and Mechanics’ Minimum Rates of Pay Pamphlet for RFP 687), and all change orders and other documents approved by the Agency for inclusions, modifications, and supplements issued on or after the effective date of the Contract.

e. Project means the renovation of the Alaska State Capitol Parking Garage as described in this RFP and the RFP Attachments.

f. Project Site means the location and the immediate surrounding areas that the Work will be completed at.

g. Regulatory Requirements means laws, regulations, ordinances, codes, and orders.

h. Specifications means the written technical descriptions of materials, equipment, systems, standards, and workmanship that apply to the Work, Products, and the administrative and procedural details that apply to them.

Issue Date: May 18, 2026 Page 18 of 78

i. Supplemental Agreement means a written agreement between the Agency and the Successful Offeror covering work that is not within the general scope of the contract.

j. Work is the act of, and the result of, performing services, furnishing labor, furnishing and incorporating materials and equipment into the Project and performing other duties and obligations, all as required by the Contract Documents, culminating in the entire Project, or the various separately identifiable parts of the Project.

Issue Date: May 18, 2026 Page 19 of 78

Section Two - Scope of Work and Products

2.01 SCOPE OF WORK

This Project consists of removal and replacement of some structural components of the parking garage, removal and construction of new drainage components, resurfacing of upper parking deck surface, and replacement of parking stops. Work includes demolition and disposal of existing materials, inspection and substrate repairs as indicated and required, construction of new structural components, compliant Haz-Mat removal, surface preparation, construction of concrete aprons, resurfacing of the upper parking garage, installing new parking stops, and painting parking stops and parking spot lines on the newly resurfaced parking deck.

a. The Work is to be done according to and as described in the Contract, including, but not limited to, the accompanying written technical specifications included as Attachment 1 (Construction Drawings and Specifications for RFP 687), which are incorporated into this Section Two (Scope of Work).

b. The Work can begin after the adjournment of the first session of the 35th Alaska Legislature which is anticipated to be the end of May 2027. The Successful Offeror shall propose a timeline for completing the Work in the Offeror’s Technical Proposal. All Work must be completed by October 31, 2027.

c. Commencement of the Work shall be sequenced in coordination with the Project Director.

2.02 SUCCESSFUL OFFEROR’S RESPONSIBILITIES

a. As required by paragraph 3.04.b. (Project Management by Successful Offeror) of the General Conditions and Requirements of this RFP, the Successful Offeror is required to provide a competent Project Manager that can work remote at all times and a competent Project Lead that must be at the Project Site at all times during Work in progress. In addition to the requirements of paragraph 3.04.b. (Project Management by Successful Offeror) of the General Conditions and Requirements of this RFP, the Successful Offeror must provide the Project Manager’s name, email address, and telephone number on the Offeror Questionnaire included in paragraph 6.01 (Offeror Questionnaire) of this RFP.

b. In addition to the requirements of paragraphs under 3.04 (Successful Offeror’s Responsibilities) of the General Conditions and Requirements of this RFP, the Successful Offeror shall take all precautions necessary to protect the building and all areas affected by the Work, which include, but are not limited to, corridors, elevators, stairs, exterior walkways, and parking lots.

c. In addition to the requirements of paragraphs under 3.04 (Successful Offeror

Offeror shall maintain the building affected by the Work in a safe and operable condition, including, but not limited to protecting the construction areas, throughout the construction period and take all precautions necessary to protect the building and the Agency’s equipment during the Work.

Issue Date: May 18, 2026 Page 20 of 78

d. In addition to the requirements of paragraphs under 3.04 (Successful Offeror’s

Offeror shall clean up any area affected by the Work or the Successful Offeror.

e. As required by paragraph 3.04.o. (Use of Premises) of the General Conditions and Requirements of this RFP, the Successful Offeror shall assume full responsibility for any damage done to the Agency’s property resulting from the performance of the Work.

f. The Work shall be performed in a professional, skilled manner and must comply with the best practices of the trade.

2.03 PROJECT SITE

The Capitol Garage is located directly behind the State Capitol at 120 4th Street in Juneau, Alaska.

2.04 PROJECT DIRECTOR

The Project Director for this project is the Agency’s Facilities Manager or his designee. The Project Director’s office is located in Juneau, Alaska at the Capitol, 120 4th Street, Rm. 12, Juneau, Alaska, telephone number (907) 465-3708.

2.05 BUILDING PERMIT

The Successful Offeror shall determine whether the City and Borough of Juneau or State of Alaska requires any permits for the Work. The Successful Offeror shall advise the Project Director what permit or permits are required. If a permit is required for this project, the Successful Offeror shall obtain and pay for the permit without reimbursement from the Agency and shall provide evidence to the Agency that the permit has been obtained before commencement of Work at the Capitol Garage.

2.06 CHANGE ORDER

In addition to the requirements in accordance with paragraphs under 3.06 (Changes) of the General Conditions and Requirements of this RFP, the Successful Offeror must submit any change order requests to the Project Director on the Agency’s Change Order Form. Change orders will be strictly reviewed and may require the Legislative Council Committee’s approval.

Change Order Forms may be obtained from the Project Director. A Change Order request is not considered granted until all required Agency-authorized signatures have been obtained by the Agency and a copy of the approved Change Order has been given to the Successful Offeror.

2.07 PROJECT MEETINGS

a. Pre-Construction Conference: Prior to the commencement of Work at the site, a Pre- Construction Conference will be held at the Capitol which shall be attended by the Project Director, Procurement Manager, the Contracting Officer, the Successful Offeror, the Successful Offeror’s subcontractors as the Successful Offeror considers appropriate, and any other attendees the Agency considers appropriate. Unless previously submitted to the Procurement Manager, the Successful Offeror shall bring to the Pre-Construction Conference four copies of each of the following:

1. the…