256-26 Agreement - Herbst-Musciano LLC Contract 2026 - 10 Rooney Circle.pdf

insurance coverage set forth herein. 14. TERMINATION Either party may terminate the Agreement upon twenty (20) days written notice to the other party. Upon such termination, the Township shall pay the Professional for all services performed hereunder up to the date of such termination in accordance with the payment terms of this Agreement as well as all reasonable costs and expenses incurred by the Professional in effecting the termination, including, but not limited to non-cancelable commitments and demobilization costs. 15. ENTIRE AGREEMENT This Agreement, including the attachments referenced herein, contains the entire Agreement of the parties hereto and may not be amended, modified, released or discharged, in whole or in part, except as specifically provided herein or in an instrument in writing executed by the parties hereto. 16. EFFECTIVE DATE OF CONTRACT This Agreement shall not become binding upon the parties until the Township adopts a bond ordinance and/or appropriates the funds necessary for this Agreement and the Township's Treasurer certifies to the availability of funds if applicable pursuant to NJ.AC. 5:30-5.4 17. This Agreement has been awarded to the Professional based on the Professional's merits and abilities to provide the professional Services described herein. This Agreement was awarded through a "Fair and Open Process" pursuant to N.J.S.A. 19:44A-20.5 et seq. 18. NEW JERSEY PREVAILING WAGE ACT The New Jersey Prevailing Wage Act, Chapter 150 of the Laws of 1963 as amended by Chapter 64 of the Laws of 1974 may apply to this Agreement. If so, the Agreement must set forth the prevailing wage rate in the locality of the Contractor for each craft or trade or classification of all workers needed to perform the Agreement during its performance period. The Contractor’s Fee Schedule is incorporated herein by reference and attached hereto as “Exhibit B.” If required by law, the Contractor acknowledges that it has ascertained from the Commissioner of Labor and Industry of the State of New Jersey the prevailing wages in the locality of the Contractor which shall be paid by the Contractor to workers employed in the performance

om the Commissioner of Labor and Industry of the State of New Jersey the prevailing wages in the locality of the Contractor which shall be paid by the Contractor to workers employed in the performance of the Agreement, and a copy of such prevailing wages shall be incorporated in the Agreement and binding on the Contractor. In the event that any such prevailing wage is increased prior to the award of the Agreement, then the increased prevailing