HomeMy WebLinkAbout25-42 Colorado Department of Transportation Bus Facility Maintenance & Operations Mobility Hub MOU 04-09-2025Routing #: 25-HAA-XE-00007
OLA #: 351002185
Memorandum of Understanding Between the Colorado Department of Transportation and Town of
Firestone Regarding Bus Facility Maintenance Operations
This Memorandum of Understanding (“MOU”), between THE COLORADO DEPARTMENT OF
TRANSPORTATION (“CDOT”), and the Town of Firestone “(TOF”) is intended to memorialize the
Parties' respective responsibilities surrounding maintenance and operations at the Town of Firestone
Mobility Hub. CDOT and Town of Firestone also may hereinafter be referred to individually as “Party”
or jointly as “Parties”.
1. Roles and Responsibilities
A. CDOT will:
i. Perform snow removal on the I-25 slip ramps leading to the Bustang Platforms.
Frequency and type of snow removal will be at CDOT’s discretion based on the
meteorological data for that site or surrounding geographical areas to including to the
depth of snow fall, the number of snow, ice, and/or mixed precipitation events forecasted
by meteorological organizations to ensure safe travel.
ii. Perform snow removal services along driveways, parking lots, sidewalks, tunnel and
Bustang platforms once the accumulated snowfall is equal to or exceeds a trigger depth
of 2". Snow plowing services for roads, driveways, and parking lots will utilize trucks,
loaders, and/or other equipment as appropriate. For performing snow clearing services
for sidewalks, tunnels, and Bustang platforms snow blowers, shovels, or other
equipment will be used as appropriate. Deicing services such as salting or sanding will
also be performed throughout the service area to improve the safety of pedestrian foot
traffic as needed.
iii. Repair damage to parking lots, sidewalks, tunnels, platforms resulting from snow
removal maintenance activities.
iv. Mow side slops – 14-ft from I-25 roadway monthly.
v. Mowing and trimming will be performed on all turf areas weekly between April 1, 2025
and September 30, 2025.
vi. Perform weed control services, maintain sprinkler system, mulch maintenance and
replacement, maintain plant/vegetation, and perform tree trimming, and pruning as
necessary.
vii. Remove trash from the property (sidewalks, parking lots, trash cans, platforms & I-25
slip ramps) 3 days per week.
viii. Power wash Bustang shelters, benches and trash cans monthly.
ix. Deep clean Bustang shelters, benches, trashcans, sidewalks, platforms, tunnels and sound
walls quarterly.
x. Perform graffiti removal for Bustang shelters, benches, trashcans, sidewalks, platforms,
sound walls, retaining and bridge walls as needed.
Docusign Envelope ID: 79DF856A-5B56-44FE-BD3B-26E2D7B6D974
Routing #: 25-HAA-XE-00007
OLA #: 351002185
xi. Inspect water quality pond(s) within 48 hours of significant meteorological events. In the
absence of significant meteorological events, CDOT will inspect water quality pond(s)
monthly to determine what maintenance may be necessary. Inspection reports will be
submitted quarterly.
xii. Maintain, repair and or replace safety, Right of Way (ROW) fencing and railings along
walkways.
xiii. Install, repair and replace parking, regulatory traffic control informational, and
wayfinding signs.
xiv. Configure, perform software updates, repair and replace Passenger Information Display
System (PIDS).
xv. Configure, perform software updates, repair and replace Emergency Call Boxes.
xvi. Repair, replace and upgrade lighting along driveways, parking lots, sidewal ks and
Bustang platforms.
xvii. Configure, perform software updates, repair and replace closed circuit television
(CCTV).
xviii. Maintain, repair and replace Bustang bus shelters, benches, trash cans, and bike racks.
xix. Provide maintenance, repair and replacement of existing irrigation systems.
B. The Town of Firestone (TOF) shall be responsible for the following:
i. Maintenance, repairs, of future enhancements of irrigation systems installed/procured
by the Town of Firestone.
ii. Maintenance, repairs, and replacement future enhancements of vegetation
installed/procured by the Town of Firestone.
iii. Performing repairs of any damage because of maintenance activities pertaining to the
future enhancements installed/procured by (TOF).
2. Contacts (POC/PM)
A. CDOT:
James Mantay
Project Manager DTR
James.mantay@state.co.us
303.847.3388
B. Firestone:
Mathew Wiedersphan
Director of Engineeting & Utilities
303-531-6254
Docusign Envelope ID: 79DF856A-5B56-44FE-BD3B-26E2D7B6D974
Routing #: 25-HAA-XE-00007
OLA #: 351002185
mwiederspahn@firestoneco.gov
3. Effective Date and Term
A. Effective Date. This MOU shall not be valid or enforceable until the date of execution by the
Executive Director of the Colorado Department of Transportation, or designee (“Effective
Date”). The Parties shall not be bound by any provision of this MOU before the Effective
Date.
B. Term. The Parties’ respective performances under this MOU shall commence on the
Effective Date and shall terminate one (1) year after the Effective Date (the “Term”) unless
sooner terminated or further extended in accordance with the terms of this MOU.
C. Extension Terms. The parties shall have the option to extend the performance under this
MOU beyond the Initial Term for a period, or for successive periods, of one year or less
under the same terms specified in the MOU (each such period an “Extension Term”). In order
to exercise this option, both parties’ authorized signatories or their duly appointed
representatives shall sign a formal amendment noting the extension period.
4. Termination for Convenience. Any Party may terminate their participation in this MOU for any
reason. The Party choosing to terminate shall effectuate such termination by giving written notice
of termination to the other Parties’ specified contacts in Section 6 and specifying the effective date
thereof, at least thirty (90) days before the effective date of such termination.
5. Modifications. This MOU may be updated at any time for adjustments resulting from the roles and
responsibilities herein, changing needs of the parties. All modifications must be mutually agreeable
and executed in a written, formal amendment to this MOU signed by the authorized signatories or
their duly appointed representatives.
6. Legal Disclaimers. By entering into this MOU, no Party makes a legally binding commitment.
This MOU does not confer any rights or remedies to any Party in the event of a failure to perform
as specified in this MOU. This MOU does not create a financial obligation for any Party. Any
financial obligation of a Party shall be subject to the execution of an appropriate encumbrance
document, where required, subject to receipt of all required approvals. All financial obligations of
the Parties hereunder shall be subject to prior written approval of its governing body or director. All
financial obligations of the Parties shall be contingent upon sufficient funds being appropriated,
budgeted, and otherwise made available.
7. Non-Binding Agreement. This MOU creates no right, benefit, or trust responsibility, substantive
or procedural, enforceable by law or equity. The Parties shall manage their respective resources and
activities in a separate, coordinated and mutually beneficial manner to meet the purpose(s) of this
Intergovernmental MOU. Nothing in this MOU authorizes any of the Parties to obligate or transfer
anything of value.
Specific, prospective projects or activities that involve the transfer of funds, services, property,
and/or anything of value to a Party requires the execution of separate agreements and are contingent
upon numerous factors, including, as applicable, but not limited to: agency availability of
Docusign Envelope ID: 79DF856A-5B56-44FE-BD3B-26E2D7B6D974
Routing #: 25-HAA-XE-00007
OLA #: 351002185
appropriated funds and other resources; cooperator availability of funds and other resources; agency
and cooperator administrative and legal requirements (including agency authorization by statute);
etc. This MOU neither provides, nor meets these criteria. If the Parties elect to enter into an
obligation agreement that involves the transfer of funds, services, property, and/or anything of
value to a Party, then the applicable criteria must be met. Additionally, under a prospective
agreement, each Party operates under its own laws, regulations, and/or policies, and any obligation
of the Parties is subject to the availability of appropriated funds and other resources. The
negotiation, execution, and administration of these prospective agreements must comply with all
applicable law.
Nothing in this MOU is intended to alter, limit, or expand the agencies' statutory and regulatory
authority.
8. No Third-Party Beneficiary.
It is expressly understood and agreed that the enforcement of the terms and conditions of this MOU,
and all rights of action relating to such enforcement, shall be strictly reserved to the Parties hereto,
and nothing contained in this MOU shall give or allow any such claim of right of action by any
other or third person or entity on such MOU. It is the express intent of the Parties hereto that any
person or entity, other than the Parties to this MOU, receiving services or benefits under this MOU
shall be deemed incidental beneficiaries only.
9. Personnel/Compensation. Nothing in this MOU shall be construed to place the personnel of any
Party under the control or employment of any other Party. Each Party remains responsible for all
pay, entitlement, employment decisions and worker’s compensation liabilities for its own
personnel.
10. Non-Waiver. TOF and CDOT only agree to the terms and conditions of the MOU to the extent
permitted by Wisconsin law and Colorado law respectfully. Notwithstanding any other term in the
MOU, the MOU shall not be construed to deprive TOF and CDOT of their sovereign immunity, or
of any legal requirements, prohibitions, protections, exclusions, or limitations of liability applying
to the MOU or afforded to TOF or CDOT by Colorado law.
11. Dispute Resolution. Should disputes or disagreements occur of any matter relating to this MOU,
CDOT and TOF shall collaborate to resolve the dispute or disagreement. If the contacts designated
in Section 2 cannot achieve a resolution within a thirty (30) day period, the matter shall be
submitted jointly to CDOT’s Executive Director(s), and TOF for final resolution of the dispute or
disagreement. If they are unable to resolve the dispute within a thirty (30) day period, any Party
may terminate their participation in this MOU. The Parties agree that participation in this
administrative procedure shall be a condition precedent to initiation of litigation, except in the case
of emergency or other conditions that entitle any Party to seek injunctive or emergency relief from
a court of competent jurisdiction, in which no participation in the foregoing alternative dispute
resolution process shall be required.
12. Signature Authority. Each Party represents and warrants that it has taken all actions that are
necessary or that are required by its respective procedures and applicable law to legally authorize
the undersigned signatory for that Party to execute this MOU on behalf of the Party and to bind the
Party to its terms.
THE PARTIES HERETO HAVE EXECUTED THIS MEMORANDUM OF UNDERSTANDING
Docusign Envelope ID: 79DF856A-5B56-44FE-BD3B-26E2D7B6D974
Routing #: 25-HAA-XE-00007
OLA #: 351002185
Each person signing this MOU represents and warrants that the signer is duly authorized to execute this MOU and to
bind the Party authorizing such signature.
Town of Firestone
__________________________________________________
By: AJ Krieger, Town Manager
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
______________________________________________
By: Keith Stefanik, P.E., Chief Engineer
(For) Shoshana M. Lew, Executive Director
Effective Date: _________________________
Docusign Envelope ID: 79DF856A-5B56-44FE-BD3B-26E2D7B6D974
5/2/2025
5/3/2025
Routing #: 25-HAA-XE-00007
OLA #: 351002185
Exhibit A – Mobility Hub Location
Docusign Envelope ID: 79DF856A-5B56-44FE-BD3B-26E2D7B6D974