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Signal replacement at the intersection with Bayview Rd/Sowles Rd, signal improvements at the Tops/NAPA Plaza, ADA ramps, and stripped crosswalks with the highway boundary of McKinley Parkway between the limits of Quinby Drive and Southwestern Boulevard (US Rte. 20) Article 2 Schedule: The Project, including the Betterment, is tentatively scheduled to be advertised for bids by the County in the Fall of 2025, with construction to be completed by the County’s contractor in 2026. Article 3 Scope of Work: Once the Project, including the Betterment, has been bid and awarded, the County shall be responsible for all construction inspection and construction administration of the Project, including construction of the Betterment. The County shall provide the Town with one (1) complete set of as-built drawings in pdf format upon completion of the Project. Article 4 Betterment Cost: The County shall be solely responsible for the construction cost of the Betterment, including approved overruns, as well as construction inspection and administration. Once construction of the Betterment is complete, the County shall no longer be responsible for any costs associated with the operation and maintenance related to the Betterment. Article 5 Ownership and Maintenance upon Substantial Completion: The Town shall be responsible for the ownership and maintenance, including any associated costs, of the following items within the Town limits upon completion of the Project: 1. Traffic signal infrastructure including pole, span wire, signage, signals, signal controllers, pedestrian signal poles, buried loop wiring or detection cameras as applicable, electrical services, stop bar striping and turn symbol striping. 2. The pedestrian facilities including sidewalks, ADA ramps, crosswalk striping, and signage; and Article 6 Indemnification: During construction of the Project, including the Betterment, the County of Erie, to the fullest extent permitted by law, shall defend, indemnify and hold harmless the Town, their members, officers, employees and agents from and against any and all liability, damages, claims, demands, costs, judgements, fees, reasonable attorney’s fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the County or third parties under the direction or control of the County. Upon substantial completion of the construction of the Project, the Town shall take ownership of and be responsible for the maintenance and operation of the Betterment. As such, the Town, to the fullest extent permitted by law, shall defend, indemnify, and hold harmless the County and their members, officers, employees and agents from and against any and all liability, damages, claims, demands, performance or failure to perform hereunder by the Town or third parties under the direction or control of the Town with respect to the Betterment. 53