4O CO 1 to 2024173 with J Banicki.pdf

CONSTRUCTION CONTRACT
BETWEEN
THE CITY OF BUCKEYE
AND
J. BANICKI CONSTRUCTION, INC.
CONTRACT NO. 2024173
CHANGE ORDER #1
THIS CHANGE ORDER #1
is entered into as of _____________________,
between the City of Buckeye, an Arizona municipal corporation
J. Banicki 
Construction, Inc., an Arizona corporation
. This Change Order modifies certain 
sections of Contract No. 2024173
, with those sections not expressly modified 
remaining in full effect pursuant to their terms. 
CONTRACT CHANGES:
1.
Section 2
Contract Time, is amended by extending the Final Completion of the 
Work from Two Hundred Seventy-Five (275) calendar days after the effective date of the Notice 
to Proceed to Three Hundred Eighty-Eight (388) calendar days from the effective date of the 
Notice to Proceed.
2.
Section 3
Contract Price, is amended by increasing the Contract Price by 
$1,150,000.00, from $11,018,061.47 to $12,168,061.47. The increase is inclusive of $125,376.77
in contingency.
3.
Exhibit B
Contractor Bid Forms, is amended to incorporate changes to the Work 
set forth in Exhibit 1 of Change Order #1.
RECITALS:
The City and Contractor entered into Contract No. 2024173 dated August 6, 2024. Pursuant to 
which Contractor was to provide construction services for the Miller Road Expansion 
Durango 
to Lower Buckeye project with Substantial Completion to be completed within Two Hundred 
Seventy-Five (275) calendar days from the effective date of the Notice to Proceed and a Contract 
Price of $11,018,061.47.
ADDITIONAL PROVISIONS:
Except as amended herein, all provisions of the Contract remain in full force and effect.
In the event of any conflict or discrepancy between the terms of this Change Order, the 
Contract, and any other contract documents, the documents shall govern in that order.  
This Change Order may be canceled pursuant to the provisions of A.R.S. § 38-511.
[SIGNATURE PAGE TO FOLLOW]
Miller Road Expansion - Durango to Lower Buckeye 
Contrat No. 2024173, Change Order #1 
J. Banicki Construction, Inc.
1
(REV. 12.9.24)

IN WITNESS WHEREOF, the parties hereto have executed this Change Order as of the date first 
set forth above.
CITY:
CONTRACTOR:
THE CITY OF BUCKEYE,
J. BANICKI CONSTRUCTION, INC.
an Arizona municipal corporation
an Arizona corporation
David B. Roderique, Interim City Manager
Mike Abraham, President
ATTEST:
Lucinda Aja, City Clerk
RECOMMENDED:
William Kauppi, Chief Financial Officer
APPROVED AS TO FORM:
K. Scott McCoy, City Attorney
 
Miller Road Expansion - Durango to Lower Buckeye 
Contrat No. 2024173, Change Order #1 
J. Banicki Construction, Inc.
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(REV. 12.9.24)

Exhibit 1
Miller Road Expansion - Durango to Lower Buckeye 
Contrat No. 2024173, Change Order #1 
J. Banicki Construction, Inc.
3
(REV. 12.9.24)

February 20, 2025
Mr. Rodrigo Nemi
City of Buckeye
530 E. Monroe Ave.
Buckeye, AZ 85326
RE:
IFB 2024173 Miller Road Expansion Durango to Lower Buckeye
Change Order Request IFC Plans Changes, Time Impacts and Time Extension
Mr. Nemi,
is formally requesting an initial change order because of
changes to the Issued for Construction (IFC) plans and delay impacts caused by utility owner.
IFC Plan Changes
At the issuance of the IFC drawing stage there were many quantity and scope changes that were a 
major change to the project as it was originally bid. These plan changes along with City directed 
phasing modifications were a major impact to the project as far as cost and time. Through 
extensive conversations with the City about the increased phasing and increased cost, it was 
decided to revert to the originally accepted 6 phase approach.
Delay Impacts caused by Utility Owner
Prior to commencing work, Banicki was assured by the City that the utility owner (Lumen) would 
be completed with their scope of work by the end of October 2024. Banicki began construction 
on October 7, 2024, and completed various removals, excavation and grading ahead of the 
Following an onsite meeting in November with Banicki, Lumen, Pauley and the City, it was 
confirmed that the existing utility conflicts will persist until January 2025. Therefore, on 
November 18th, Banicki requested a stop work order from the City until the utility conflicts were 
resolved. The delay caused by the utility owner is 91 calendar days which ended on February 14th.
Total cost of this initial change order request - $244,545.06 and 91 calendar days for delay to Banicki.
Attached is a breakdown of the impacts.
In addition, it has been agreed to with the City and Banicki to do what is best for the project and proceed 
with construction while the final details of the IFC and APS impacts are determined. The
are as follows:
Unidentified impacts, APS plan changes/revisions, quantity adjustments, both up and down for 
the full modified scope of work as determined by the IFC drawings.
Time impacts and/or price increases from subcontractors for their work that will be performed 
beyond the originally bid completion date.
Miller Road Expansion - Durango to Lower Buckeye 
Contrat No. 2024173, Change Order #1 
J. Banicki Construction, Inc.
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(REV. 12.9.24)

These impacts will be quantified and submitted to the City as an additional request for change order as
soon as possible.
If you have any questions or need additional information, please do not hesitate to reach out.
Respectfully,
Alexis Davis
Project Manager
J. Banicki Construction, Inc.
(480) 298-2459
Miller Road Expansion - Durango to Lower Buckeye 
Contrat No. 2024173, Change Order #1 
J. Banicki Construction, Inc.
5
(REV. 12.9.24)

Item No.
Description
Quantity Unit
Unit Cost
Amount
10
Delay Impacts (Banicki)
1
LS
204,750.00
$               
204,750.00
$   
Subtotal Direct Cost
204,750.00
$   
204,750.00
$   
20
Bond
1.000%
2,445.45
$       
30
Insurance
1.000%
2,445.45
$       
209,640.90
$   
40
Construction Fee
10.000%
20,964.09
$     
230,604.99
$   
50
Sales Tax
9.3%
6.0450%
13,940.07
$     
244,545.06
$   
Total for Lumen Impacts
CHANGE ORDER REQUEST SUMMARY SHEET
Lumen Impacts
Summary
Project Subtotals
Project Subtotals including Bond/Insurance
Subtotal Direct & Indirect Cost (Including Fee)
Miller Road Expansion - Durango to Lower Buckeye 
Contrat No. 2024173, Change Order #1 
J. Banicki Construction, Inc.
6
(REV. 12.9.24)

March 20, 2025
Mr. Rodrigo Nemi
City of Buckeye
530 E. Monroe Ave.
Buckeye, AZ 85326
RE:
2024173 Miller Road Expansion Durango to Lower Buckeye
COR 02 - Issue for Construction Plan Changes
Mr. Nemi,
is formally requesting a change order to reflect the plan 
revisions from the Issued for Bid (IFB) plan set and the Issued for Construction (IFC) plan set, totaling 
$558,501.13.
The IFB plan set, dated 3/28/2024, was updated to reflect changes to the eastern tie-in on Lower Buckeye, 
modifications to the driveway at Watkins, and changes to the pavement design at the MCDOT driveways. 
These changes along with numerous quantity changes resulted in updates to the 
in the IFC plan set. For reference, Attachment 1 indicates the original quantities (IFB), the revised 
quantities (IFC), and the delta between the two values, that were used to prepare this change order.
Below is a summary of how the above changes are broken out on the Bid Schedule:
IFC COR - Bid Schedule Breakdown 
Item 
Description 
UOM 
QTY 
Unit Price 
Amount 
General Conditions 
1 
Construction Survey, Staking, Lines 
and Grades, and As-Builts 
LS 
1 
$12,000.00
$12,000.00
2 
Contractor Quality Control 
LS 
1 
$0.00
$0.00
3 
City of Buckeye Controlled (Allowance) 
AL 
1 
$0.00
$0.00
4 
Traffic Control (Allowance) 
AL 
1 
$0.00
$0.00
            Subtotal
$12,000.00
Roadway Items 
5 
Roadway 
LS 
1 
$523,958.78
$523,958.78
            Subtotal
$523,958.78
Drainage Items 
6 
Drainage 
EA 
1 
$20,521.55
$20,521.55
            Subtotal
$20,521.55
Signing & Marking Items 
7 
Signing & Markings 
LS 
1 
$2,020.80
$2,020.80
            Subtotal
$2,020.80
Miller Road Expansion - Durango to Lower Buckeye 
Contrat No. 2024173, Change Order #1 
J. Banicki Construction, Inc.
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Utilities Items 
8 
Utilities 
LS 
1 
$0.00
$0.00
            Subtotal
$0.00
Change Order Amount:
$558,501.13
Please feel free to reach out to me with any questions or clarifications.
Respectfully,
Alexis Davis
Project Manager
J. Banicki Construction, Inc.
(480) 298-2459
Miller Road Expansion - Durango to Lower Buckeye 
Contrat No. 2024173, Change Order #1 
J. Banicki Construction, Inc.
8
(REV. 12.9.24)

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Contrat No. 2024173, Change Order #1 
J. Banicki Construction, Inc.
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March 21, 2025
Mr. Rodrigo Nemi
City of Buckeye
530 E. Monroe Ave.
Buckeye, AZ 85326
RE:
2024173 Miller Road Expansion Durango to Lower Buckeye
COR 03 Lumen Delays & APS Plan and Material Changes
Mr. Nemi,
J. Banicki Construction, Inc. (Banicki) is submitting a formal request for a change order due to delays 
caused by Lumen, impacting our trade partners and material suppliers. This change order also includes 
adjustments related to the APS streetlight plan and material changes from the original bid to the final 
approved APS plans. The total amount for this change order is $221,577.04, broken down as follows:
Lumen Delays Affecting Material Suppliers & Electrical Subcontractor ($90,977.96)
The utility owner, Lumen, was expected to complete their scope of work by the end of October 2024. 
Banicki began construction on October 7, 2024, and proceeded with various removals, excavation, and 
date.
During a meeting in November with Banicki, Lumen, Pauley, and the City, it was confirmed that existing 
utility conflicts would continue until January 2025. As a result, Banicki requested a stop work order from 
the City of Buckeye on November 18, 2024, until the utility issues were resolved.
Material Supplier:
Due to the delay caused by Lumen, the project completion date was pushed from June to September. This 
extension resulted in price increases for aggregate base material (AB) purchased beyond the original 
contract period. Based on the revised schedule, Banicki expects to purchase and place 10,500 tons of AB 
after June 30, 2025. This change order includes a price increase of $1.00 per ton.
Electrical Subcontractor:
On February 24, 2025, Banicki received notification from Utility Construction Company (UCC) that, due 
to the Lumen delay, they would not be able to begin construction until the end of May. To maintain the 
was forced to explore alternative options and ultimately secured 
pricing from another electrical subcontractor.
APS Plan & Material Changes ($130,599.08)
The IFB plan set, dated March 28, 2024, did not include the final approved APS plans. Banicki submitted 
an RFI to the City of Buckeye on August 22, 2024, requesting additional information regarding the plans. 
During this period, Banicki also sought clarification on the assumptions made by UCC at the time of the 
bid. These assumptions were provided on October 3, 2024, and are attached to this letter.
Miller Road Expansion - Durango to Lower Buckeye 
Contrat No. 2024173, Change Order #1 
J. Banicki Construction, Inc.
10
(REV. 12.9.24)

following the return of the reviewed streetlight submittal (014) on October 28, 2024, the City reviewer 
After multiple discussions and revisions to the APS plans, the final approved APS plans were provided on 
February 20, 2025. This change order reflects the adjustments from the bid set to the current approved 
plan set, as well as the material price increase for the streetlight poles.
Please feel free to reach out to me with any questions or clarifications.
Respectfully,
Alexis Davis
Project Manager
J. Banicki Construction, Inc.
(480) 298-2459
Miller Road Expansion - Durango to Lower Buckeye 
Contrat No. 2024173, Change Order #1 
J. Banicki Construction, Inc.
11
(REV. 12.9.24)

Item No.
Description
Quantity Unit
Unit Cost
Amount
1
ABC Price Increase (beyond June 6/30/25)
1
LS
11,957.76
$
11,957.76
$
2
Change in Electrical Subcontractor
1
LS
79,020.20
$
79,020.20
$
3
APS Plan & Material Changes
1
LS
130,599.08
$
130,599.08
$
221,577.04
$
Item No.
Description
Quantity Unit
Unit Cost
Amount
1
ABC Price Increase (beyond June 6/30/25)
10500
TON
1.00
$           
10,500.00
$
10,500.00
$
Bond
1.000%
119.58
$       
Insurance
1.000%
119.58
$       
10,739.16
$
Construction Fee
5.000%
536.96
$       
11,276.12
$
Sales Tax
9.3%
6.0450%
681.64
$       
11,957.76
$
Item No.
Description
Quantity Unit
Unit Cost
Amount
2
Change in Electrical Subcontractor
1
LS
69,386.95
$
69,386.95
$
69,386.95
$
Bond
1.000%
790.20
$       
Insurance
1.000%
790.20
$       
70,967.35
$
Construction Fee
5.000%
3,548.37
$    
74,515.72
$
Sales Tax
9.3%
6.0450%
4,504.48
$    
79,020.20
$
Item No.
Description
Quantity Unit
Unit Cost
Amount
3
APS Plan & Material Changes
1
LS
114,677.92
$
114,677.92
$
114,677.92
$
Bond
1.000%
1,305.99
$     
Insurance
1.000%
1,305.99
$     
117,289.90
$ 
Construction Fee
5.000%
5,864.50
$     
COR 03 - ABC Price Increase caused by Lumen Delay
Summary
Project Subtotals
Project Subtotals including Bond/Insurance
Subtotal Direct & Indirect Cost (Including Fee)
Project Subtotals
Project Subtotals including Bond/Insurance
CHANGE ORDER REQUEST SUMMARY
Total
COR 03 - Impacts caused by Lumen & APS Plan and Material Changes
Subtotal Direct & Indirect Cost (Including Fee)
Total
COR 03 - APS Plan & Material Changes
Summary
COR 03 - Change in Subcontractor caused by Lumen Delay
Summary
Project Subtotals
Project Subtotals including Bond/Insurance
Total
Miller Road Expansion - Durango to Lower Buckeye 
Contrat No. 2024173, Change Order #1 
J. Banicki Construction, Inc.
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(REV. 12.9.24)

123,154.40
$
Sales Tax
9.3%
6.0450%
7,444.68
$    
130,599.08
$
Subtotal Direct & Indirect Cost (Including Fee)
Total
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J. Banicki Construction, Inc.
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