Attachment B
January 7, 2026
Via Email
Juan Segoviano, PE
Senior Civil Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Email: [email protected]
Re: Proposal for Administrative Contract Memorandum (ACM) #4
Dear Mr. Segoviano:
As you may know, Veolia’s current contractual street sweeping budget is $375,000 per Administrative Contract Memorandum #2, effective October 1, 2021.The City’s actual cost for street sweeping in 2023 was $394,415. The projected cost for 2026 after Clean Street receives its contractual CPI increase is $438,243. To keep up with these increasing costs, Veolia is requesting the City to increase the contractual street sweeping budget for Veolia to $450,000 per year. This increase will allow Veolia to work within our contractual budget for street sweeping.
Estimated
2025 Street
SweepingCosts
Estimated 2026
Street
SweepingCosts
Monthly Fee $30,384.94 $31,756.76
Veolia Markup 15% $4,557.74 $4,763.51
Total $34,942.68 $36,520.27
Annual Fee $364,619.28 $381,081.12
Veolia Markup 15% $54,692.89 $57,162.17
Total $419,312.17 $438,243.29
Relevant Contract Language:
5.2(t) Street Sweeping. Veolia shall provide all required services relating to management and delivery of Street Sweeping services set forth in Schedule U.
Veolia shall be responsible for applying for, acquiring and maintaining all
Governmental Approvals required for the Street Sweeping services. City acknowledges and consents to Veolia's provision of street sweeping services through a subcontractor, to be selected at Veolia's discretion subject to City approval (such approval not to be unreasonably withheld). Veolia will pay all costs of providing the Street Sweeping services, subject to reimbursement by the City of all actual third-party expenses in amounts not to exceed the then current annual budget limit.
If you require any further information or have any questions, please contact me at the plant.
Sincerely;
Doug Loar
Project Leader
Veolia Water West Operating Services, Inc. / Palm Springs
Enclosures: Schedule U from Wastewater Services Agreement Schedule W: Administrative Contract Memorandum Street Sweeping
Cc: Joel Montalvo City Engineer City of Palm Springs
Francisco Jaime Principal Engineer City of Palm Springs
Veolia Water West Operating Services, Inc.
Palm Springs Project
4375 Mesquite Avenue, Palm Springs, CA 92264
Tel 760-323-8166 / Fax 760-325-5747
SCHEDULE U
STREET SWEEPING SERVICES
U.1 Purpose
The purpose of this Schedule U is to set forth the required services associated with street sweeping of various City streets as a component of and in furtherance of performance of Veolia's obligations as required hereunder this Agreement. Veolia shall be required to enter into a separate contract for street sweeping services meeting the full scope of services as identified herein, and shall be responsible for all contract administration and coordination of such services on behalf of the City, and the City shall have no responsible therefore, excluding payment to Veolia pursuant to the terms of this Agreement. Veolia shall provide 24-hour customer service coordination, and respond to complaints received regarding street sweeping.
U.2 Required Services
Veolia shall ensure that the scope of services identified on any contract entered into with a third party vendor for street sweeping includes the following required services.
The term MContractor" as used herein shall refer to the third party vendor providing street sweeping services as "Contractor'' under such contract entered into by Veolia.
U.3 Performance of Work
The Contractor agrees to comply with all applicable provisions of federal, state, and local laws and regulations governing the duties and obligation of businesses and employers. Contractor shall comply with regulations of the Federal Highway Administration (FHWA) regarding drug and alcohol testing programs.
The Contractor shall maintain a toll-free 24-hour phone number for emergency contact by Veolia Contract Officer.
The Contractor shall provide a Monthly Street Sweeping Operations Report of the previous months sweeping activity by the 10th of the following month. The summary report shall be no more than 5 pages in length. The summary report will be provided in hard copy and digital (PDF) format, and include the following information:
• Curb miles swept.
• Number of loads of debris dumped at the WWTP.
• Exceptions to regular sweeping schedule.
• Extra street sweeping services.
• Operating overview and documentation of all significant events. • The summary shall reflect the work performed and align with the billing invoice for that month.
Schedule U
The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. Sweeping shall be accomplished in the same direction as traffic flow a~ all times during sweeping.
Arterial streets shall not be swept between the hours of 4:00 p.m. to 300 a.m.
Residential streets shall not be swept between the hours of 4:00 p.m. to 8:00 a.m.
Downtown streets shall not be swept between the hours of 1 0:00 a.m. to Midnight, except in the case of Special Event and upon specific notice from Veolia.
Sweeping speed shall be adjusted to street and debris condition with a maximum speed of ten miles per hour (10 MPH). Contractor will not be compensated for streets swept while vehicle exceeds ten miles per hour (1 0 MPH).
The work performed by the Contractor shall include sweeping all areas of street including a minimum eight-foot (8') width as measured from the outside edge of the gutter broom in a single pass as close as practicable to the face of curb, or to the edge of pavement where no curb exists, for both street edge curbs on raised medians and all intersection cross-gutters. Therefore, a road with a curb on both sides of the street and a curbed median shall receive at least four (4) passes with sweeping equipment to be considered swept. Noses or ends of curbed median areas and curb returns are to be maintained on the same frequency as the median or intersection for which they are associated.
Cui-de-sacs, curb returns (radii) and curb bulb-outs, and gutters behind detached curb bulb-outs of all streets will be swept along their entire length and free of debris on scheduled sweep days. Storm drain inlets are to remain free of debris and not collect sweeping debris during operations of the curb sweeping process. Veolia may request in writing additional work that would be compensated at a mutually agreed upon rate.
Contractor is responsible for a minimum 8-foot swept width, as close as practicable to each curb face. All debris along the sweeping path, with the exceptions listed below in Blow Sand Criteria, are to be removed from the public right of way and properly disposed of. If the limits in Blow Sand Criteria are exceeded notify Veolia Contract Officer verbally immediately and also notify Veolia Contract Officer via email within 24 hours. Sweeping shall normally consist of a single pass over an area; however, the Contractor shall make additional passes, or such extra effort as may be required to reasonably clean the street. Veolia shall be notified immediately of the occurrence of unusually heavy debris that cannot be removed by extra effort sweeping. Extra effort shall be required to remove dirt/silt smear remaining in the swept pathway. Extra effort is expected during bad weather. The cost for extra effort shall be included in the contract price, and no additional compensation will be given.
Contractor shall remove all loose debris and material normally picked up and removable by a fully operational mechanical or vacuum street sweeper. This includes, but is not limited to: sand, gravel, glass, nails, bottles, cans, leaves, silt, mud, and litter.
Contractor shall immediately remove debris swept onto driveway aprons, sidewalks, and access ramps. If debris cannot be removed with mechanical sweeping, the Schedule U
Page2
Contractor shall collect debris manually. The cost for manually removing debris, excepting non-sweepable items as defined below, swept from the roadway and onto driveway aprons, sidewalks, and access ramps shall be included in the contract price, and no additional compensation will be given.
Non-swept or non-sweepable items such as small tree limbs, palm fronds, rocks, silt, mud, trash and debris shall be collected and removed by the Contractor from the normal sweeping path. Larger obstructions such as tree limbs, construction or landscape contractor debris, shall be immediately reported to Veolia.
Street sweeper shall leave designated areas of sweeping free of dirt, litter, debris, obstructions, smears, and visible dust to the maximum extent practicable. Streets that do not meet maximum extent practicable standards for sweeping on the scheduled sweeping day, the Contractor shall sweep the deficient street within 48 hours after the normal sweeping day at no cost to Veolia. The determination of maximum extent practicable shall be at the sole discretion of Veolia. Contractor shall immediately notify Veolia when a street or section of streets will be or had been missed during regularly scheduled street sweeping. Contractor shall notify Veolia when re-sweeps are scheduled.
Contractor shall properly obtain potable water (or water of similar quality) used for dust control, and no additional compensation will be allowed therefore. Dust suppression shall be employed during all sweeping operations to comply with all state and local regulations for dust control. The sweeping of regularly scheduled routes without the use of dust control will result in a 50% reduction in compensation for each day that dust suppression was not used.
All debris will be transported to the Wastewater Treatment Plant, 4375 E. Mesquite Ave. for disposal. On an annual basis, Contractor shall assist Veolia in the collection of representative samples from the collected debris as may be required by regulatory agencies.
Veolia will notify Contractor of needed corrections and any re-sweeps required following complaints received by Veolia. In the event that the results of a sweep are considered to be unsatisfactory by Veolia, Veolia will notify Contractor of exact location and description of deficiency. The Contractor shall re-sweep the unsatisfactory area at its sole expense within the time limits specified.
Blow Sand Criteria
• Winds 25 MPH or more.
• Sand 4" or more in depth.
• Sand 18" or more in width.
• Sand that fills the sweeper in less than 3 curb miles. • Sand that is of such quantity that the sweeper cannot average 3 MPH.
Schedule U
Schedule
Contractor shall complete all sweeping per the sweeping schedule mutually agreed by Contractor and Veolia. Subject to approval by Veolia, the Contractor shall arrange sweeping routes to minimize sweeping areas adjacent to schools during the hours when children are entering or leaving the campuses, typically between the hours of 8:00 AM to 9:00AM and 2:30 PM to 3:30 PM.
Sweeping shall not be performed on any official holiday, as recognized by the federal government.
Sweeping of streets shall be coordinated with, and follow one day after the City's franchised waste haulers upick-up" days, unless otherwise approved.
Veolia reserves the right to suspend street sweeping functions on a day-to-day basis due any reason, including, but not limited to inclement weather. Scheduled sweeping shall not be cancelled for inclement weather by the Contractor without prior approval of Veolia. Make-up sweeps will not be allowed due to holidays, inclement weather and cancellations without the approval of Veolia.
Contractor shall provide Veolia with a list of all streets not swept when regular sweeping schedule is interrupted for any reason and shall deduct said street(s) from the billing.
Contractor shall provide a list of nonswept streets to Veolia by the end of the workday.
Veolia's notification of any inclement weather cancellations will serve as a nonsweep day and will not be paid for by Veolia unless an alternative sweeping schedule is coordinated by the Contractor and is submitted to Veolia for approval.
Contractor shall provide and regularly update a website link listing the weekly sweeping schedule for use on the City's website.
U.4 Equipment
Contractor shall supply all labor, equipment, supplies and appurtenances to fulfill the requirements of this work. All equipment used for the performance of this contract shall be heavy duty mechanical broom sweeping and vacuum equipment necessary to properly clean streets. Equipment shall be properly maintained both as to condition and appearance so as to insure a high level of street sweeping services, and shall meet all state regulations and requirements.
Quality and quantity of the equipment used by Contractor for the sweeping of streets shall be sufficient to perform the work required herein within the hours of work specified herein, and an absolute minimum of one (1) primary sweeper shall be provided. In the event that the primary sweeper or sweeper operator is unable to perform, the Contractor shall provide another sweeper with competent operator without interruption in service.
No additional compensation will be provided for supplying another sweeper and/or operator. All sweepers shall be capable of performing to the minimum criteria outlined herein and below, and shall be maintained both mechanically and visually throughout Schedule U
Page4
the term of this agreement with capability to insure scheduled routine maintenance and proper adjustment for sweepers. Contractor shall comply with the United States Department of Transportation regulations implementing the Federal Omnibus Transportation Employee Testing Act of 1991.
Sweepers must be capable of sweeping a minimum eight-foot (8') width as measured from the outside edge of the gutter broom in a single pass. Street sweepers must have a minimum hopper capacity of three (3) cubic yards.
Sweeper must also be equipped with a left-gutter broom for median work. Alternative street sweepers may be considered at the sole discretion of the Public Works Services Manager, or designated representative .
Sweeping equipment shall be equipped with adequate warning devices and lights for safe operation and shall meet all vehicle operation requirements of the State of California Department of Motor Vehicles and the California Highway Patrol.
Machines must be equipped with an adequate water spray-system for dust control.
All street sweepers shall be equipped with automatic vehicle location device (vehicle location and management system (e.g., GPS) which will report all street sweeping activity to the Contractor.
All units shall be clearly and prominently marked with the contractor's name and unit number.
Contractor must keep a sufficient supply of spare parts, including brooms to insure continuous operation. Brooms shall be replaced periodically and adjusted to insure maximum efficiency. No additional compensation will be made for periodic maintenance or for the replacement of parts to the equipment.
All equipment must be properly registered and insured in accordance with state and local laws. Contractor shall submit proof of ownership or a signed lease for the machinery proposed to be used to perform work under this agreement.
All units shall have the capability of being contacted by their main office with radio or paging equipment.
U.S Extra Street Sweeping Services
Additional street sweeping beyond that listed below in "Location of Work" when requested by Veolia shall be performed at the rate of $24.00 per curb mile.
Any additional sweeping of areas (not streets) requested by Veolia shall be completed for the rate of $85.00 per hour ($95.00 per hour if requested as overtime work hours as shown on an approved schedule).
Schedule U
PageS
U.6 Location of Work
Area Swept: Downtown Area
Schedule: Daily (7 times per week)
Limits:
Palm Canyon Drive from Granvia Valmonte to Camino Parocela Indian Canyon Drive from Granvia Valmonte to Camino Parocela Belardo Road from Alejo Road to Ramon Road
Amado Road from Palm Canyon Drive to Indian Canyon Drive Tahquitz Canyon Way from Museum Drive to Indian Canyon Drive Arenas Road from Palm Canyon Drive to Calle Encilia
Baristo Road from Belardo Road to Indian Canyon Drive
Ramon Road from Palm Canyon Drive to Indian Canyon Drive Area Swept: Uptown Area
Schedule: Daily {7 times per week)
Limits:
Palm Canyon Drive from Granvia Valmonte to Vista Chino
Indian Canyon Drive from Granvia Valmonte to Vista Chino Granvia Val monte from Palm Canyon Drive to Indian Canyon Drive El Alameda from Palm Canyon Drive to Indian Canyon Drive Tamarisk Road from Palm Canyon Drive to Indian Canyon Drive Tachevah Drive from Palm Canyon Drive to Indian Canyon Drive Camino Monte Vista from Palm Canyon Drive to Indian Canyon Drive Stevens Road from Palm Canyon Drive to Indian Canyon Drive Area Swept: City Parking Lots
Schedule: One time per week (at 6AM or earlier when lot is empty) Areas:
Blue Coyote Parking Lot:
Fisherman's Market Parking Lot:
Food Court Parking Lot:
Henry Frank Arcade Parking Lot:
Mercado Plaza Parking Lot:
Vineyard Parking Lot:
456 N. Belardo Road
201-235 S. Indian Canyon Drive
400 N. Belardo Road
261-265 N. Indian Canyon Drive
170-198 S. Belardo Road
236-298 S. Belardo Road
Schedule U
Page6
Area Swept: Citv Parking Structure
Northwest corner of Indian Canyon Drive/Baristo Road
Schedule: Three times per week
Additional Services: Emptying all trash receptacles and cleaning all elevators.
Area Swept: Arterial Streets
Schedule: One time per week
Limits:
Alejo Road from N. Palm Canyon Drive to Farrell Drive
Amado Road from Belardo Road to Farrell Drive
Andreas Road from Palm Canyon Drive to Indian Canyon Drive Andreas Road from Calle En cilia to Calle Alvarado
Avenida Caballeros from Ramon Road to San Rafael Drive
Aviation Road from Civic Drive to El Cielo Road
Baristo Road from Tahquitz Drive to Indian Canyon Drive Baristo Road from Avenida Caballeros to El Cielo Road
Calle El Segundo from Ramon Road to Alejo Road
Calle Encilia from Ramon Road to Alejo Road
Cerritos Road from Amado Road to Joyce Road
Cerritos Road from E. Palm Canyon Drive to Mesquite Avenue Civic Drive from Baristo Road to Alejo Road
Crossley Road from Dinah Shore Drive to Ramon Road
Escoba Drive from E. Palm Canyon Drive to El Cielo Road El Cielo Road from Escoba Drive to Aviation Road
Golf Club Drive from E. Palm Canyon Drive to Dinah Shore Drive Mesquite Avenue from El Cielo Road to Gene Autry Trail
Racquet Club Road from N. Palm Canyon Drive to Sunrise Way San Rafael Drive from N. Palm Canyon Drive to Sunrise Way Tachevah Drive from N. Palm Canyon Drive to Farrell Drive Area Swept: All other public City streets
Schedule: One time per month
Area Swept: Special Events/Parades
Schedule: One time following scheduled event
Events: Tour de Palm Springs (January)
Mayor's Race & Wellness Festival (January)
Black History Month Parade (late February)
Palm Springs High School Homecoming Parade (late October/November) Greater Palm Springs Pride Parade (early November)
Veteran 's Day Parade (November 11)
Festival of Lights Parade (early December)
Schedule U
Page7
U.7 Street Sweeping Services Budget
The annual budget limit for Street Sweeping Services effective on the Commencement Date of this Agreement is hereby established at $325,000.
U.S Modifications
This Schedule U may be amended and replaced from time to time to incorporate adjustments to the list of streets or areas for street sweeping, or the frequency of street sweeping, or to incorporate adjustments to the annual budget limit for Street Sweeping Services, all of which may be reflected in an Administrative Contract Memorandum approved by the Contract Officer and Veolia.
Schedule U
PageS
ADMINISTRATIVE CONTRACT MEMORANDUM NO. 4
This Administrative Contract Memorandum No. 4 (this “Administrative Contract Memorandum”) is made as of January 7, 2026, by Veolia Water West Operating Services, Inc., a Delaware corporation, (“Veolia”), and the City of Palm Springs, a California charter city and municipal corporation (“City”).
Veolia and City are collectively herein referred to as the “Parties.” This Administrative Contract Memorandum is made in reference to the following recitals.
WITNESSETH:
WHEREAS, Veolia and City entered into that certain Wastewater Services Agreement (O&M) dated as of November 4, 2015, commencing January 1, 2016, (as amended, the “Agreement”); and.
WHEREAS, Section 14.5 “Integration; Amendment,” of the Agreement authorizes that where specifically authorized in the Agreement, this Administrative Contract Memorandum may be used as an amendment administratively approved by the Parties through approval by the Contract Officer and an authorized representative of Veolia without further formal action by the City Council; and WHEREAS, the Parties have negotiated in good faith to amend the terms and conditions of the Agreement pursuant to this Administrative Contract Memorandum, as authorized by Section 14.5 of the Agreement.
NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:
ARTICLE I
DEFINITIONS AND INTERPRETATION
SECTION 1.1. DEFINITIONS. For the purposes of this Administrative Contract Memorandum, the following words and terms shall have the respective meanings set forth as follows. Any other capitalized word or term used but not defined herein is used as defined in the Agreement.
SECTION 1.2. INTERPRETATION. In this Administrative Contract Memorandum, unless the context otherwise requires:
(A) References Hereto. The terms “hereto”, “hereby”, “hereof”, “herein”, “hereunder” and any similar terms refer to this Administrative Contract Memorandum, and the term "hereafter" means after, and the term “heretofore” means before, the date of execution and delivery of this Administrative Contract Memorandum. (B) Plurality. Words importing the singular number mean and include the plural number and vice versa.
(C) Persons. Words importing persons include firms, companies, associations, general partnerships, limited partnerships, trusts, business trusts, corporations and other legal entities, including public bodies, as well as individuals.
ACM #4
(D) Headings. The table of contents and any headings preceding the text of the Articles, Sections and subsections of this Administrative Contract Memorandum shall be solely for convenience of reference and shall not constitute a part of this Administrative Contract Memorandum, nor shall they affect its meaning, construction or effect.
(E) Entire Agreement. This Administrative Contract Memorandum constitutes the entire agreement between the Parties hereto with respect to the amendment(s) to the Agreement contemplated by this Administrative Contract Memorandum. Except as provided in the Agreement with respect to the City Indemnified Parties, nothing in this Administrative Contract Memorandum is intended to confer on any person other than the Veolia, the City and their permitted successors and assigns hereunder any rights or remedies under or by reason of this Administrative Contract Memorandum. (F) Counterparts. This Administrative Contract Memorandum may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Administrative Contract Memorandum.
(G) Applicable Law. This Administrative Contract Memorandum shall be governed by and construed in accordance with the applicable laws of the State of California. (H) Severability. If any clause, provision, subsection, Section or Article of this Administrative Contract Memorandum shall be ruled invalid by any court of competent jurisdiction, the invalidity of any such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Administrative Contract Memorandum shall be construed and enforced as if such invalid portion did not exist provided that such construction and enforcement shall not increase the Parties' liability beyond that expressly set forth herein. (I) Approvals. All approvals, consents and acceptances required to be given or made by any party hereto shall be at the sole discretion of the party whose approval, consent or acceptance is required. (J) Payments. All payments required to be made by the Parties hereunder shall be made in lawful money of the United States of America.
ARTICLE II
REPRESENTATIONS AND WARRANTIES OF THE PARTIES
SECTION 2.1. REPRESENTATIONS AND WARRANTIES. The Parties hereby represent and warrant that:
(1) Existence and Powers. Veolia is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware, with the full legal right, power and authority to enter into and perform its obligations under this Administrative Contract Memorandum.
City is a charter city and municipal corporation, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, with the full legal right, power and ACM #4
authority to enter into and perform its obligations under this Administrative Contract Memorandum. (2) Due Authorization and Binding Obligation. This Administrative Contract Memorandum has been duly authorized, executed and delivered by all necessary corporate action of Veolia and authorization by the City, and constitutes the legal, valid and binding obligation of the Parties, enforceable against the Parties in accordance with its terms, except to the extent that its enforceability may be limited by bankruptcy, insolvency or other similar laws affecting creditors' rights from time to time in effect and equitable principles of general application.
(3) No Approvals Required. In accordance with Section 14.5 of the Agreement, no approval, authorization, order or consent of, or declaration, registration or filing with, any Governmental Body is required for the valid execution and delivery of this Administrative Contract Memorandum by the Parties.
(4) No Legal Prohibition. The Parties have no knowledge of any Applicable Law in effect on the date as of which this representation is being made which would prohibit implementation of the amendment(s) to the Agreement contemplated by this Administrative Contract Memorandum. (5) Consent to Amendment. The Parties are fully aware of the terms and conditions of the Agreement to be amended by this Administrative Contract Memorandum.
(6) Consideration. This Administrative Contract Memorandum is made in furtherance of the implementation of the Agreement, and the assumption by the Parties of their obligations hereunder will result in a material benefit to the Parties.
ARTICLE III
ADMINISTRATIVE AMENDMENT
SECTION 3.1. AMENDMENT. This Administrative Contract Memorandum hereby implements the following amendment to the terms and conditions enumerated herein.
Add the following paragraph to Item U.7 Street Sweeping Services Budget in Schedule U of the agreement:
The annual budget limit for Street Sweeping Services effective January 15, 2026 is hereby established at $450,000.
SECTION 3.2. NOTICE. All notices required or desired to be given hereunder to either party shall be effective if given by personal delivery, certified or registered mail, postage prepaid, return receipt requested, by nationally recognized overnight delivery company, or by telecopy (if telecopy number is listed below, with telephone confirmation of receipt), if addressed or the following addresses or telecopy numbers:
ACM #4
If to Veolia:
Veolia Water West Operating Services, Inc.
461 From Road, Suite 400
Paramus, NJ 07652
Attn: President, West Region
With copy to:
Veolia Water West Operating Services, Inc.
100 Federal Street, 3rd Floor
Boston, MA 02110
Attention: General Counsel
Email: [email protected]
If to City:
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, California 92262
Attention: City Manager
Phone: (760) 322-8350
Fax: (760) 323-8207
With copy to:
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, California 92262
Attention: City Attorney
Phone: (760) 323-8202
Fax: (760) 323-8207
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ACM #4
IN WITNESS WHEREOF, the Parties have executed and entered into this Administrative Contract Memorandum as of the date first written above.
CITY OF PALM SPRINGS
By:
Name:
Title:
ATTEST:
By:
Name:
Title: City Clerk
APPROVED AS TO FORM:
By:
Name:
Title: City Attorney
VEOLIA WATER WEST OPERATING SERVICES, INC.
By:
Name:
Title:
ACM #4