Clarifications Page RCO-OC135-26.pdf

CLARIFICATIONS TO RCO-OC135-26

On December 12, 2025, the County of Orange (“County”) issued the RCO-OC124-25 – 29/30 and 35-Foot Diesel Transit Buses (“RCO-OC124-25”) which was subsequently clarified/modified by Addendums A though D (“Addendums”). RCO-OC135-26 is substantially based on the RCO-OC124- 25, and incorporates the modifications and clarifications made to it by the Addendums. However, please note that RCO-OC135-26 also contains important revisions to pricing requirements. All Bidders are urged to carefully review this new RCO in its entirety. For ease of reference, the County hereby is providing a summary of the revisions and deviations from the original RCO-

OC124-25.

1. In “PRICE CHANGE FOR OPTION YEAR BUS ORDERS AND SPARE PARTS” Section of the RCO, the second paragraph now reads:

“The formula utilizes the latest published U.S. Department of Labor/Bureau of Labor Statistics Preliminary Producer Price Index (“PPI.”) category WPU1413 “Truck and Bus Body” available as of the date the option is exercised. The change in this index shall be applied to adjust the 𝐵𝑎𝑠𝑒 𝐵𝑢𝑠 𝑜𝑟 𝐸𝑞𝑢𝑖𝑝𝑚𝑒𝑛𝑡 𝑃𝑟𝑖𝑐𝑒s. However, in no event will the price(s) for any purchase order released exceed, by more than eight (8) percent within any rolling twelve (12) month period.

2. Orange County wishes to clarify references to base bus, base year or similar phrasing throughout the RCO. The term “base year price per unit is the unit price per bus including all fees and delivery charges. This definition should be used throughout the RCO with references to pricing for base bus, base year, or similar phrasing. This includes, but is not limited to, the reference to “base bus or equipment price” in section “PRICE CHANGE FOR OPTION YEAR BUS ORDERS AND SPARE PARTS”, whereas the “base bus or equipment price” is to be calculated using the base year price per unit.

3. In PRICING Section of the RCO the following has been added:

“Tariff pass through or tariff-based price increases may be considered upon Vendor’s request and presentation of supporting documentation sufficiency of which will be determined by County in its sole discretion. If a Federally imposed tariff increases the awarded Vendor’s costs to an extent that performance under this Agreement becomes impracticable, the County may, at its sole discretion, approve an increase in price of the affected goods. A price adjustment request shall be submitted in writing with supporting documentation in accordance with Federal, State and Local regulations and, when applicable, the terms of the grant(s), demonstrating the impact.

“Similarly, if subsequently enacted government regulations or mandates necessitating revisions to the proposed vehicle configurations (e.g., component/technology change due to emission) increase the awarded Vendor’s costs to an extent that performance under this Agreement becomes impracticable, the County may, at its sole discretion, approve an increase in price of the affected goods. This provision shall apply solely to unforeseen changes in the law or regulations enacted after contract award and only to future builds during Option Years of the contract. A price adjustment request shall be submitted in writing with supporting documentation (Vendor must be able to demonstrate that the material cost impact is directly attributable to such unforeseen regulatory change) in accordance with Federal, State and Local regulations and, when applicable, the terms of the grant(s), demonstrating the impact.

Regulations, requirements, or standards that are known, published, or reasonably foreseeable at the time of proposal submission are deemed to be included in the proposed pricing.”

Additionally, PRICE OFFER FORM includes Emissions Warranty Appeal Credit for Option Years of the contract.

4. Section 2.8 now reads as follows:

2.8 EXCUSABLE DELAYS

1. Except for defaults of subcontractors at any tier, the Contractor shall not be in default because of any failure to perform the contract resulting from this RCO under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of these causes are (a) acts of God or of the public enemy, (b) acts of the Government in either its sovereign or contractual capacity, (c) fires, (d) floods, (e) epidemics, (f) quarantine restrictions, (g) strikes, (h) freight embargoes, and

(i) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor. "Default" includes failure to make progress in the work so as to endanger performance.

2. If the failure to perform is caused by the failure of a subcontractor at any tier to perform or make progress, and if the cause of the failure was beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be deemed to be in default, unless:

(a) The subcontracted supplies or services were obtainable from other sources;

(b) The County ordered the Contractor in writing to purchase these supplies or services from the other source; and

(c) The Contractor failed to comply reasonably with this order.

3. Upon request of the Contractor, the County shall ascertain the facts and extent of the failure. If the County determines that any failure to perform results from one or more of the causes above, the delivery schedule shall be revised, subject to the rights of the County under the termination clause of this contract.”

5. Section 2.9 now reads as follows:

Section 2.9 LIQUIDATED DAMAGES

“1. If the Contractor fails to deliver the supplies or perform the services within the time specified in this RCO and/or contract resulting from the RCO, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $250.00 per calendar day of delay until the work is completed or accepted.

2. If the County terminates the contract in whole or in part in default, the Contractor shall be liable for liquidated damages of $250.00 per calendar day accruing until the County reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of purchase of similar supplies or services and other remedies that may be available to the County at law or in equity.

3. The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in Section 2.8 of the RCO.”

6. Section 4.3.1.4 of the RCO, has additional language at the end of second paragraph:

“... unless the delay in delivery is determined excusable as defined in Section 2.8 of this RCO, is otherwise permitted by the terms of the contract or consented to by the County.” The remainder of Section 4.3.1.4 remains as written.

To clarify when liquidated damages are triggered and when a delay may be excusable Sections

2.8 and 2.9 have been added to the RCO.

Additionally, reference is made to Section 2.5 “Replacement Parts Guarantee” of the RCO which states that “The delivery date and liquidated damages for spare parts will not apply if, in the discretion of the County, it is determined that only a few parts are not delivered within the proscribed time.”

7. Clarification is made to item 15 of Section 2.1 of the RCO which provides for alternative training arrangements as may be mutually agreed upon by all parties involved.

8. Section 2.3 of the RCO now reads as follows:

“The Contractor shall make a service representative physically available on the properties of Orange County’s operating agents on as needed basis, and available by telephone, during mutually agreed upon hours, for questions to support troubleshooting at least five (5) full business days per week for the first six (6) months, or until all buses are placed into revenue service. The purpose of this advisory support is to assist Orange County’s operating agents’ staff with diagnostics, operational support with normal maintenance activities, troubleshooting, approval and performance of minor warranty repairs, and any other necessary maintenance-and/or operation-related tasks. If telephone troubleshooting is insufficient, and both the Contractor and Orange County’s operating agents determine through written notice that on-site support is necessary, a qualified service technician shall be available on-site at the applicable facility within 48 hours of request. The Contractor shall provide prior to training, three (3) pre-loaded laptops with software to the Orange County operating agents. After the second month and until the completion of the second year of service, through written coordination and collaborative efforts between Contractor and Orange County operating agents, a service representative shall be available who can report to Orange County’s operating agents’ facilities within 48 hours for performance of the aforementioned maintenance- and/or operation-related activities. For each option exercised beyond the initial order of buses a similar service representative program shall be provided and priced accordingly.”

9. In reference to Section 2.4 of the RCO, Contractor is required to provide the number of physical copies of all “As Built Documents” as set forth in said Section. In addition, Contractor will allow the Orange County operating agents to have access to an electronic copy of all “As Built Documents”.

10. Section 2.4 of the RCO now includes the following statement as item 14:

“Standard manuals with cross referenced information that includes all equipment incorporated including but not limited to all major OEM components will be accepted.”

11. In reference to Section 2.7, Items 5.1 and 5.2, the County wishes to clarify that a total of three (3) laptops is required.

12. The first sentence in Section 3.18.2 of the RCO now reads:

“Seats shall be installed in a minimum twenty-three (23) seat configuration for the 29/30-foot buses and a minimum of thirty-one (31) seat configuration excluding the operator seat for the 35-foot buses with two forward facing mobility device positions.”

Accordingly, the chart in Section 3.0.6 of the RCO is replaced with the following chart:

3.0.6. GENERAL DIMENSIONS

Description Dimension/Requirement Dimension/Requirement

Length 30 feet 35 feet

Passenger seating capacity (Not less than 26.5” hit to knee room and 14” front of seat foot room)

Minimum 23 Minimum 31

Standees The maximum permissible under NYSDOT regulations

The maximum permissible under NYSDOT regulations

Forward facing mobility device securement positions

2 2

Doors One (1) right front

One (1) in rear forward of the rear wheelhouse curbside

One (1) right front One (1) in rear forward of the rear wheelhouse curbside

Mobility device entrance location

Front door Front door

Length - bumper to bumper 29’11” to 31’11” 35’ to 36’11”

Width - body (Excluding fenders, mirrors, wheel well splash deflectors, clearance/direction lights, etc.)

102” Maximum 102” Maximum

Height - Overall vehicle height (including HVAC if applicable) 114.5” Maximum 114.5” Maximum

Aisle width (Minimum between seats)

21” Minimum 21” Minimum

Floor height at front door from street

(At ride height) 15.75” 15.75”

Floor height at front door from street

(At kneel height) 12” Maximum 12” Maximum

Description Dimension/Requirement Dimension/Requirement

Floor height at rear door from street

(at ride height) 17.5” Maximum 17.5” Maximum

Turning radius (outer body corner)

29.9’ 36’

Ground clearance (Except within axle and wheel zones) 8.5” Minimum 8.5” Minimum

Axle Ground Clearance 5.5” Minimum 5.5” Minimum

Axle Zone Ground Clearance 5.5” Minimum 5.5” Minimum

Departure Angle 8.6°(min) 8.6°(min)

Breakover Angle 12° 12°

Approach Angle 8.5° Minimum 8.5° Minimum

Service Life 12 years and/or 500,000 miles 12 years and/or 500,000 miles

14. In reference to Section 3.5.10 of the RCO, the last sentence of this Section, now reads as follows:

“Securement for the rear engine compartment access door shall be of the T-key open, slam latch close configuration or maintained square key locks.”

15. Section 3.19.2.7 of the RCO now reads as follows:

“An ATS, the latest version available at the time of bus production, or multifunctional display that provides the same or similar diagnostic capabilities integral to the multiplexing system, shall be provided. A single test button mounted over the operator shall, upon activation, provide a system check of circuits. Failure points shall be indicated by LED lights in or near the operator’s compartment.”

Additionally, Section 3.19.2.8 of the RCO is now as follows:

“The onboard ATS, or multifunctional display that provides the same or similar diagnostic capabilities integral to the multiplexing system, shall be capable of being hosted on a laptop via a ladder-logic programming tool that allows users to define the logic for their multiplexing system as well as perform real-time diagnostics.”

16. Section 3.44.1 of the RCO now reads as follows:

“• Village of Kiryas Joel – Nineteen (19) thirty (30) foot buses – TB06 Bus Fare Box, Bidders are advised to contact Joel Sandel at 845-421-3684 or busfarebox@gmail.com. The TB06 bus fare box or one similar in dimensions with a banknote capacity, no less than 600 sheets is to be installed on each bus.

• Newburgh Beacon Bus Corp. – Six (6) thirty-five (35) foot buses – TB06 Bus Fare Box, Bidders are advised to contact Joel Sandel 845-421-3684, busfarebox@gmail.com, The TB06 bus fare box or one similar in dimensions with a banknote capacity, no less than 600 sheets are to be provisioned for but shipped loose with each bus.

• Shortline Transit LLC – Six (6) thirty (30) foot buses – TB06 Bus Fare Box, Bidders are advised to contact Joel Sandel 845-421-3684, busfarebox@gmail.com, The TB06 bus fare box or one similar in dimensions with a banknote capacity, no less than 600 sheets are to be provisioned for but shipped loose with each bus.”

The specifications for the TB06 bus fare box are attached to as an Appendix

17. The first paragraph in Section 4.2.3 of the RCO has been replaced with the following:

“Orange County may conduct acceptance tests on each delivered bus. These tests shall be completed within 15 days after bus delivery and shall be conducted in accordance with written test plans. The purpose of these tests is to identify defects that have become apparent between the time of bus release and delivery to Orange County operating agents. The post-delivery tests shall include visual inspection, Buy America certification inspection, and bus operations.

In addition, Section 4.2.3 of the RCO is modified to include an additional paragraph four that reads as follows:

“If the bus passes these tests, or if the operating agent does not notify the Contractor of nonacceptance within 15 calendar days after delivery, then acceptance of the bus by the operating agent occurs on the 15th day after delivery. If these post-delivery tests have not been completed for the bus because of infrastructure or other delays that are not the responsibility of the Contractor, then the operating agent may issue a change to the Contract to modify the delivery schedule or extend the post-delivery test period.”

18. In reference to Sections 4.3.3 and 4.3.5 of the RCO, a technical support line to assist with repairs over the phone prior to scheduling an on-site visit is acceptable provided that the Orange County operating agents will have input regarding their ability to effectively complete the repairs when determining the need for an on-site visit.

19. In reference to Section 4.3.1.3, the County is familiar with the potential repeal of the 10 years/450,000 miles Emissions Warranty starting in 2027. In the effort to monetize the potential credit, a pricing line for the Warranty credit has been included on the Bid Form to represent the value of the credit returnable to Orange County should the repeal be put into effect.

20. In reference to Section 4.3.1.3 of the RCO, the chart has been replaced with the following chart:

ITEM Months* MILEAGE*

Body Structural 36 150,000

Structural Integrity and Corrosion

144 500,000

Suspension 36 300,000

Water leaks 12 50,000

Engine 24 Unlimited

Emissions 60 250,000

Alternator 24 Unlimited

Starter 36 350,000

Radiator and Charge Air Cooler 48 Unlimited

Air Compressor 24 Unlimited

Air Dryer 12 Unlimited

Transmission 24 Unlimited

Transmission Oil Cooler 48 Unlimited

Front Axle 60 300,000

Rear Axle 72 350,000

Brakes (Non-wear Components) 24 100,000

Shock Absorbers 36 300,000

Power Steering Pump 36 Unlimited

HVAC 24 Unlimited

Aux. Coolant Heater 48 Unlimited

Passenger Doors 36 150,000

Wheelchair Ramp 36 Unlimited

Passenger Seats 48 Unlimited

Operator’s Seat 60 Unlimited

Passenger Windows 24 Unlimited

Interior Lighting and Air Ducts 144 500,000

Destination Sign 72 Unlimited

Infotainment System 72 Unlimited

OBVSS 72 Unlimited

Router 24 Unlimited

Subfloor 144 500,000

Flooring covering 144 Unlimited

Exterior Mirrors 36 Unlimited

Multiplexing 60 Unlimited

Fire Suppression 60 Unlimited

Paint 36 Unlimited

Fare Collection System 48 Unlimited

Orange County has provided pricing lines on the Bid Form for vendors to provide extended warranty costs for additional 36 months/300,000 miles coverage.

21. Section 4.3.1.2 has an added paragraphs immediately following the first paragraph:

“The County must be in receipt of the Certificate of Origin and all necessary paperwork required to register the buses in New York State. Buses will not be considered in-service if not fully registered.”

“The in-service date will be reported to the Vendor within 60 days after bus acceptance. If no in-service date is reported to the Vendor within 60 days after bus acceptance, the in-service date will automatically begin 60 days after bus acceptance.”

22. Access to Onboard Operational data, including data available from components and equipment provided by Contractor, is not permitted under the RCO.