Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide preliminary design services for a Master Plan for the redevelopment of the existing Boylan Street Recreation Center Site
Entity Name: The Musial Group, P.A.
Entity Address: 191 Mill Lane, Mountainside, New Jersey 07092
Contract Amount: Not to exceed $75,000.00
Funding Source: NW051-G21-ARPA0-A-94710-B2021
Contract Period: Not to exceed 365 consecutive calendar days from the date of the issuance of a formal Notice to Proceed
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open (X) No Reportable Contributions (X) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
This Resolution authorizes the City of Newark to enter into a Professional Services Contract with The Musial Group, P.A. for the redevelopment of the existing Boylan Street Recreation Center Site located at 916 South Orange Ave, Newark, New Jersey 07106.
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WHEREAS, the City of Newark, Department of Engineering (“City”), is in need of preliminary design services relating to the Master Plan for the redevelopment of the existing Boylan Street Recreation Center Site located at 916 South Orange Ave, Newark, New Jersey 07106; and
WHEREAS, the needed preliminary design services required, includes but is not limited to planners, architects, interior designers and engineers, which require professional licenses and thus considered professional services; and
WHEREAS, professional services are exempt for the requirement for public bidding, pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the City advertised a Request for Proposal (RFP) for the Boylan Street Recreation Center Master Plan Project on May 8, 2025, with a due date of June 5, 2025, in accordance with the requirements of the Local Public Contracts Law, N.J.S.A. 40A: 11-1 et seq.; and
WHEREAS, due to rescheduling the project site’s walk through, the RFP due date was amended twice. The second addenda, Addendum No. 2, extended the due date of the RFP to June 26, 2025; and
WHEREAS, the City received a total of three (3) proposals in response to its request by the RFP Addendum No. 2 due date on June 26, 2025; and
WHEREAS, The Musial Group, P.A., 191 Mill Lane, Mountainside, New Jersey 07092 (“ Musial Group”) submitted a proposal to provide the above services and it was found to be in the best interest of the City to accept the Proposal for the purpose of providing the Professional Engineering Services mentioned above; and
WHEREAS, the City and the Acting Director of the Department of Engineering wishes to enter into a Professional Services Contract with The Musial Group for the Boylan Street Recreation Center Site for an amount not to exceed Seventy-Five Thousand Dollars and Zero Cents ($75,000.00) for a period of 365 calendar days, commencing from the date of the issuance of a written Notice to Proceed to provide Professional Engineering Services; and
WHEREAS, the Local Public Contract Law, N.J.S.A. 40A:11-1 et. seq. requires that notice of the award of contracts for professional services without competitive bidding must be published in a local newspaper; and
WHEREAS, this Contract is for an amount over $44,000.00 and is being awarded as a “Fair and Open Process” pursuant to N.J.S.A. 19:44A-20.5, and is in compliance with the State Pay to Play and City’s Pay to Play ordinance; and
WHEREAS, The Musial Group, has completed and submitted a Business Entity Disclosure Certification, which certifies that the Musial Group has not made any reportable contributions to a political party or candidates committee in the City of Newark in the previous one (1) year and that the contract will prohibit The Musial Group, from making any reportable contributions through the term of the contract.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor of the City of Newark and/or his designee, and the Acting Director of the Department of Engineering, on behalf of the City of Newark are hereby authorized to enter into and execute a contract with The Musial Group, P.A., 191 Mill Lane, Mountainside, New Jersey 07092, for the preliminary design for a Master Plan for the redevelopment of the existing Boylan Street Recreation Center located at 916 South Orange Ave., Newark, New Jersey 07106, in an amount not to exceed Seventy-Five Thousand Dollars and Zero Cents ($75,000.00).
2. Attached hereto is a Certification of Funds issued by the City’s Director of Finance, which states that there are available sufficient legally appropriated funds in the amount of Seventy-Five Thousand Dollars and Zero Cents ($75,000.00) for the purpose set forth hereinabove; and that the budget line appropriation which shall be charged is as follows:
Bus. Unit Dept. Div./Proj. Activity Acct. # Budget Ref.
NW051 G21 ARPA0 A 94710 B2021
3. A copy of the Certification of Funds shall be filed in the Office of the City Clerk by the Acting Director of the Department of Engineering.
4. The Contract is being awarded pursuant to the Fair and Open procedures of the State Pay to Play law (N.J.S.A. 19: 44A-22.5) and pursuant to the provisions of the Local Public Contract Law (N.J.S.A. 40A: 11-5(1)(a)(i)) and is in compliance with the City’s ordinance on Pay to Play.
5. The Musial Group, P.A., has completed and submitted a Business Entity Disclosure Certificate, which shall be placed on file with the Resolution in the Office of the City Clerk, certifying that The Musial Group, P.A. has not made any reportable contributions to a political or a candidate committee in the City of Newark in the previous one (1) year, and the contract will prohibit The Musial Group, P.A. from making reportable contributions through the term of the contract.
6. No changes to the Contract are allowed without prior Municipal Council approval.
7. A fully executed copy of the Contract shall be filed in the Office of the City Clerk by the Acting Director of the Department of Engineering and made available for public inspection.
8. The Contract is to be completed within a period not to exceed 365 consecutive calendar days from the date of issuance of a formal Notice to Proceed by the Acting Director of the Department of Engineering. A copy of the Notice to Proceed shall be filed with the Office of the City Clerk.
9. There shall be no advance payments made against this contract in accordance with N.J.S.A. 40A:5-16.
10. A notice of this action shall be published in the newspaper authorized by law to publish legal advertisements and as required by law within ten (10) days of adoption of this Resolution.
STATEMENT
This Resolution authorizes the Mayor of the City of Newark and/or his designee, and the Acting Director of the Department of Engineering, to enter into and execute a Professional Services Contract with The Musial Group, P.A., located at 191 Mill Lane, Mountainside, New Jersey 07092 for the Boylan Street Recreation Center which is to be completed within a period not to exceed 365 consecutive calendar days from the date of issuance of a formal Notice to Proceed by the Acting Director of the Department of Engineering, for an amount not to exceed Seventy-Five Thousand Dollars and Zero Cents ($75,000.00).