Township Council Meeting — Packet

256-26 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made this 15 day of September, 2026 BETWEEN: Township of West Orange 66 Main Street West Orange, New Jersey 07052 Hereinafter Referred to as the "Township" AND: HERBST-MUSCIANO, LLC Hereinafter Referred to as the "Professional;" W I T N E S S E T H: WHEREAS, the Township recognizes the need for Professional Design Services; and WHEREAS, in that connection HERBST-MUSCIANO, LLC is qualified to provide said services; and WHEREAS, the Township desires to engage HERBST-MUSCIANO, LLC, to serve as an "Independent Contractor" to provide professional design services that may be designated by the Township as a fair and open contract pursuant to the provisions of N.J.S.A. 19:44A- 20.5; NOW, THEREFORE, in consideration of the terms, conditions and stipulations hereinafter set forth, it is mutually agreed by and between the parties: 1. WORK TO BE PERFORMED a) The Professional shall perform services for the Township of West Orange as specified and detailed in the proposal for services issued on August 13, 2026 (the “Proposal”), which is hereby incorporated herein and attached hereto as Exhibit A. In the event of any conflict between the Proposal and this Agreement, the terms and conditions contained within this Agreement shall be controlling. b) Any and all work performed pursuant to this Agreement shall be performed to acceptable practices, and standards within the industry and to the satisfaction of the Township. 2. CONSIDERATION a) The Township shall compensate Professional based upon the fee estimates specified in the Proposal. These fee estimates are primarily task-based and assume a reasonable project schedule and progression. If said services are projected to continue beyond the estimated time of completion,