WYORK :TEOF ORTUNITY.

Department of Transportation

ANDREW M. CUOMO Governor

MARIE THERESE DOMINGUEZ

Commissioner

RONALD L. EPSTEIN

Executive Deputy Commissioner

Chief Financial Officer

New York State Department of Transportation FTA Pre-Award Audit Report

For NYSOGS Adult Bus Contract Award 23170

NYSOGS Contract #: Bidder (Offeror): Manufacturer: Description of Vehicle (LOT):

Annual Estimated Quantity: Submitted by: Date:

23170" Shepard Brothers, Inc. Coach and Equipment Manufacturing Corp. LOT G. Dual Rear Wheel Cutaway >22 ft. 16 Passenger [14A/2W/C] 250 Ed Sawicki December 27, 2019

50 Wolf Road, Albany, NY 12232 I www.dot.ny.gov

Executive Summary

The Federal Transit Administration (FTA) Pre-Award Audit Report is a review and a determination of compliance, based on information supplied to the New York State Office of General Services (NYSOGS) Invitation for Bid (IFB) Number 23170 for acquiring new FTA Adult Passenger Transit Buses and associated optional equipment. Each vehicle category or "LOT" is bid separately, with a unique set of specifications.

Before an apparent low bidder can be recommended for award, each bid offer must demonstrate compliance with the bid specifications, and include copies of FTA required Pre-Award documents, including: Buy America Certification, applicable Federal Motor Vehicle Safety Standards (FMVSS) Certification, and Purchaser's Requirements Certification.

This report verifies that the bidder (offerer) Shepard Brothers, Inc. meets the rolling stock vehicle manufacturer requirements for Pre-Award Buy America Certification for LOTG.

This document further outlines how the audit 1s conducted for the Pre-Award requirements for FTA funded transit vehicles by NYSDOT. The NYSOGS Adult Bus bid 23170 is the procurement instrument used by the Public Transportation Bureau (PTB) of the New York State Department of Transportation (NYSDOT) for FTA 5310 funded vehicles. The Pre-Award documentation should also be used by other eligible FTA funded procurements through the Extension of Use Program administered by PTB.

Audit Procedures

When bids are submitted, NYSOGS forwards PTB copies of each bid package. PTB assists NYSOGS in the review for specification and FTA compliance. In-house staff at PTB reviews the documentation, then report back to NYSOGS with findings, if any.

Appendix D of the IFB contains all Federal Government Required Clauses (FTA). Attachment 1 contains the bidder's proposed specifications and pricing; New York State required certifications are found in Attachment 2; Manufacturer's certification in Attachment 9; and FTA certification fo� Rolling Stock in Attachment 10.

For Pre-Award Certification, PTB staff catalogues all documents forwarded from NYSOGS, then reviews the bid submissions of the lowest 2 bidders. Each review determines if the specifications are met and if all documentation has been provided by each bidder. NYSOGS policy allows for bidders to supply missing or additional supporting documentation when requested in writing.

During this phase, PTB staff relays questions and deficiencies to NYSOGS for follow: up. Bidders are requested to reply within 5 business days of written notification. This

2019 OGS Adult Bid Pre-Award Buy America Narrative Page 2 of 4

the bidder or suggested in the supporting documentation. When discovered and requested, written clarification must be provided by the bidder that satisfies the specifications, or the bid is disqualified.

Attachment 9 of the IFB includes a Manufacturer's certificate, requiring the manufacturer to verify that the bidder is an authorized dealer of their product, and that they have the capacity and capability of producing the vehicle.

In addition, the reviewer verifies that the bidder is listed under the Systems for Awards Management (SAMS), and that the manufacturer is a current and eligible Transit Vehicle Manufacturer (TVM) with the United States Department of Transportation.

Federal Motor Vehicle Safety Standards FMVSS Forms (B7; B-8)

Part A (B-7)

When endorsed, the reviewer verifies that the bidder has supplied the manufacturer's certification that the vehicle will comply with all applicable FMVSS requirements.

Attached with this report is the manufacturer's FMVSS certification for the specified vehicle.

Part B (B-8)

If Part B is endorsed, a statement frpm the manufacturer would be included, indicating that the specified vehicle will not be subject to FMVSS issued by the National Highway Traffic Safety Administration (NHTSA) in 49 CFR Part 571.

Pre-Award Audit Conclusions

After review of the documentation, the reviewer has concluded that the bidder (offerer) meets the rolling stock vehicle manufacturer requirements for Pre-Award Buy America Certification for LOT G.

Attachments

Form B-1 ; B-2 Form B-3; 8-4 and supporting documents Form B-5 and supporting documents Form B-7; 8-8 and supporting documents

2019 OGS Adult Bid Pre-Award Buy America Narrative Page 4 of 4

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L ..

GROUP 40523 - BUSES, TRANSIT (Adult Passeng�r) PAGE2of3

for each Lot being bid, Must be submitted prior to the Bid award or the Bid will be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. 49 CFR Part 661 Buy America Requirements, requires that vehicles purchased with Federal Transit Administration (FT A) funds meet the following criteria:

1. All iron, steel and manufactured products used in the manufacture of the vehicle must be produced in the United States(49 CFR 661.5);OR

2. The cost of components and subcomponents of the vehicle that are produced in the United States is more than 70% ofthe cost of an components and subcomponents of the vehicle and final assembly must take place in the United States ( 49CFR 661.11 ).

By signing below on Page 3, manufacturer certifies that it: 1. Either will complv. or cannot comply with 49 U.S.C. 53130)(1). (Check one)

Certificate of Compliance with 49 U.S.C. 5323(j){J)

A The manufacturer hereby certifies that it wHI comply with the requirement s of 49 U.S.C. 5323(j)(I) and the applicabJeregulations in 49 CFR Part 661.5.Certificate of Non-Compliance with 49 U.S. C. 5323 (j){J)

__ The manufacturer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(i)(l) and 49 C.F .R.661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323G)(2)(B), or 53230)(2)(0), and 49C.F.R. 661.7.

l. Either will comolv, or cannot complv with 49 u.s.c .. 5313Q)(])(C). (Check one)

Certificate of Compliance with 49 U.S.C. 5323(j)(2){C).

£ The manufacturer hereby certifies that it wm comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and theregulations at 49 C.F.R. Part 661.11. Certificate o/Non-Compliance with 49 U.S.C. 5323(j}(2)(C)

__ The manufacturer hereby certifies that it cannot comply with the requirements of 49 U .S.C. 53230X2)(C) and 49 C.F .R. 661. J l, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2XA), 5323G)(2)(B), or 5323G)(2)(D), and 49C.F.R. 661.7.

CERTIFICATION OF COMPLIANCE WITH FEDERAL BUY AMERICA REQUIREMENTS (Part 2 of 2)

(Federally Mandated Pre-Award and Post�Delivery Audit Requirements)

All Transit Buses included in this bid must meet the requirements of 49 U.S. Code 53230); (49 CFR Part 661 Buy America

Requirements, and 49 CFR Part 663.13 Grantee Responsibility). In accordance with the Federal Government Required Clauses of this IFB, "lfthe Bidder certifies compliance with Buy America, it shall submit documentation which lists J) component and

subcomponent parts of the Rolling Stock to be purchased identified by mamefacturer of the parts, their country of origin and

costs; and 2) the location of the final assembly point/or the Rolling Stock, including a description of the activities that will take

place at the final assembly point and the cost of final assembly. "

By signing below on page 3, you certify your express authority to sign on behalf of your company, and that all

information provided is complete, true and accurate.

23170i _ Attacbment09 _ ManufacturersCertificate _ 2019-07-24

Section: VI Test Documentation, Weight Slips, Pictures

600 LBS. PUMP PRESSURE

EMERG. EXIT FUNCTION AT FULL PRESSURE

Section: VI Test Documentation, Weight Slips, Pictures

AT FULL PRESSURE , 16,532 LBS.

Coach & Equipment Manufacturing Corp.

Pre-Award: FMVSS Certification

Coach & Equipment Manufacturing Corp. hereby certifies that it is in compliance with all FMVSS regulations relating to buses and/or multipurpose passenger vehicles in this procurement. The Federal Safety Regulations that vehicle manufacturers must comply with are published in Title Forty Nine, Part 571 of the Code of Federal Regulations by the United States Government Printing Office located in Washington, D.C. Those FMVSS regulations that may apply to buses and/or multipurpose passenger vehicles for this contract are listed below: FMVSS NUMBER & TITLE 101 Control location, identification and illumination 102 Transmission shift lever sequence, starter interlock 103 Windshield defrosting and defogging 104 Windshield wiping and washing systems 105 Hydraulic brake systems 106 Brake hoses 108 Lamps, reflective devices and associated equipment 111 Rearview mirrors 113 Hood latch system 114 Theft protection 116 Hydraulic brake fluids 118 Power-operated window, partition, and roof panel systems 119 New pneumatic tires for vehicles other than passenger cars 120 Tire selection and rims for motor vehicles other than passenger cars 121 Air brake systems 124 Accelerator control systems 125 Warning devices 201 Occupant protection in interior impact 202 Head restraints 203 Impact protection for the driver from the steering control column 204 Steering control rearward displacement 205 Glazing materials 206 Door locks and door retention components 207 Seating systems 208 Occupant crash protection 209 Seat belt assemblies 21 O Seat belt assembly anchorages 212 Windshield mounting 213 Child restraint systems 214 Side impact protection 216 Roof crush resistance 217 Bus emergency exits and window retention and release 219 Windshield zone intrusion 220 Bus rollover protection 221 Bus body joint strength 301 Fuel system integrity 302 Flammability of interior materials 403/404 Platform w eel chair lift systems and installation

Cheryl Perez Date Coach & Equipment Manufacturing Corp.

W�yne P. Ackart, P.E. Consulting Engineer P.O. Box 691

Keuka Park, NY 144 78-0691

11/09/99

COACH AND EQUIPMENT MANUFACTURING COMPANY P.0.BOX36BROWN STREET EXTENSIONPENN YAN, NY 14527

ATIN: MR. JAMES R. McMULLEN, C.E.O

RE: FMVSS STANDARD NO. 220, ROLLOVERPROTECTIONTEST 10/07/99

DEAR MR McMULLEN,

ON OCTOBER 7, 1999 I WITNESSED THE ROLLOVER PROTECTION TEST ON GM CHEVROLET CHASSIS V.I.N. # 1GBJG31F4Xll32787,EQUIPPEDWITHAPHOENIXBODY AS MANUFACTURED BY COACH & EQUJPMENT. IN ADDmON, I REVIEWED FMVSS STANDARD NO. 220, INSPECTED THE TEST EQUIPMENT AND CERTIFICATIONS THEREOF, AND WITNESSED THE SETUP OF THE TEST.

TIIlS LE1TER / REPORT IS TO CERTIFY THAT IN MY PROFESSIONAL OPINION THE TEST WAS PERFORMED IN FULL ACCORDANCE WITH FMVSS STANDARD NO. 220.

I FURTHER CERTIFY THAT THE TEST SHOWED THE PHOENIX BODY TO BE FULLY COMPLIANT WITH THE REQUJREMENTS OF FMVSS STANDARD NO. 220. THE APPLIED LOAD OF 16,532# WAS WELL ABOVE THE MINIMUM REQUIRED (13,060#). THE MEASURED DEFLECTIONS WERE LESS THAT THE MAXIMUM ALLOWED AND ALL EMERGENCY EXITS PERFORMED EASILY BOTH DURING AND AFTER THE TEST.

Phone 315-595-2245 Fax 3 15-595-6188 email: ackartw@ezner.net

Coach & Equipmlllll Mfg.Corp. P.O. Bod6

Penn Yan N.Y. 14527

Phone (315) 536-2321

Fa'( (315) 536-0460

Coach & Equipment Mfg. Cotp.

FMVSS 220

October 07, 1999

ROLLOVER PROTECTION TEST

Section:

( Introduction

II FMVSS Data

Table Of Contents

III Administrative Data

IV Test Equipment & Setup

V Test Procedure

VI Test Documentation, Weight Slips, Pictures

VII Certification

Coach & Equipment Mfg.Corp.

P.O. Box36

Penn Yan N.Y. 14527

Phone (JI S) 536-2321

Fax(315)536-0460

Coach & EqqiQ])lent Mfg. Cotp.

FMVSS220

ROLLOVER PROTECTION TEST

Section: II FMVSS 571.220

St. Scope. This standard establis.bes performance requirements for school bus rollover protection.

S4. Requirements. When force equal to 1- 1\2 times the unloaded vehicle weight is applied to the roof of the vehicle's body structure, through a force plate as specified in S5, Test Procedure� (a) The downward vertical movement at any point on the application plate

sbaU not exceed 5 - 1 \8" , and(b) Each emergency exit of the vehicle provided in acconlance with Standard

No. 217 shall be capable of opening as specified in that standard during thefull application of the force and after the release of the force, except that anemergency exit I� -in the roof is not required to be capable of openingduring the application of the force. A particular vehicle (i.e., test specimen)need not meet the emergency exit opening requirement after .release of forceif it is subjected to the emergency opening requirements during the fullapplication of the force.

S5. Test Procedures. Each vehicle shall be capable of meeting the requirements of S4. when tested in accordance with the procedures set forth below.

S5.1 With any non-rigid body mounts replaced with equivalent rigid body mounts, place the vehicle on a rigid horizontal surface so that the vehicle is entirely supported by mean of the vehicle frame.

Page 1 of 3

Coach & Equipment Mtg.Corp.

P.O. Box36

Penn Yan N.Y. 14527

Phone (315) 536·2321

Fax (315) 536.()460

Coach & Equipment Mfg. Corp.

FMVSS 220

ROLLOVER PROTECTION TEST

S5.7.

Section : II FMVSS 571.220

To test the capability of the vehicle's emergency exits to open in accordance with S4.(b) -(a) In the case of testing under the full application of force, open the emergency

exits as specified in S4.(b) while maintaining the force applied in accordancewith S5.4 and S5.5 ; and

(b) In the case of testing after the release of all the force release all thedownward force applied to the force application plate and open theemergency exits as specified in S4.(b).

S6. Test Conditions.

The following conditions apply to-the requirements specified in S4.

S6.1 T emperaJure.

The ambient temperature is any level between 32 F. and 90 F.

S6.2 Windows and Doors.

Vehicle windows, doors, and emergency exits are in the fully•closed position, and are latched but not locked.

Page 3 of 3

Coach & Equipment Mfg.Corp.

P.O. Box36 Penn Yan N.Y.14527 Phone (315) 536-2321 Fax (315) 536-0460

Coach & Equipinent Mfg. Corp.

FMVSS220

ROLLOVER PROTECTION TEST

Section: III ADMINISTRATIVE DATA

Description of Test Vehicle:

A. Incomplete Vehicle:

1. Manufacturer :2. Chassis Type :3. GVWR:4. Vehicle V.I.N. #:5, Manufactured date:

General Motors, Chevrolet Division. G 31832 Series "RV Cutaway Van" 159" Wheel Base 12,300 lbs. 1GBJG31F4X1132787 04\1999

B. Completed Vehicle Information:

1. Manufacturer:2. Make / Model :3. Length of roof :4. Width of roof :5. UL Weight:

C. Testing:

l) Temperature : 68 F.

Coach & Equipment Mfg. Corp. Phoenix 199" 88"

8,855 Lbs. (see weight slip Section VI)

2) Date: 10\07\1999

i.:est Conducted by:

Samuel R. Heusler • Engineer James B�rkley - Technician

Witnessed By :

James R. McMullen - C.E.O. Wayne P. Ackart - Independent P-.E.

Coaclt & Equipment Mfg.Corp.

P.O. Box 36 Penn Yan N.Y. 14527

Phone (315} 536·2321

Fax (31 S) 536-0460

Coach & Equipment Mfg. Corp.

Procedure:

FMVSS 220

ROLLOVER PROTECTION TEST

Section: V TEST PROCEDURE

1) The test will incorporate a hydraulic pump, and the rod end of hydrauliccylinders creating a downward force on the force plate via the chainsconnecting the force plate and the lower cylinder mounts. The weight of theforce plate and the adapter plate will also contribute to some of the loadplaced on the roof structure. This weight is shown in section VI.

2) The force calculations are as follows.

The area of the cylinder rod end times the pump hydraulic pressure (PSI) times 4 (no. of cylinders)+ the weight of the force plate and adapter = the total force exerted onto the roof, side walls and floor structure of the vehicle tested.

Cylinder Data Diameter M 3"

Area - 7 .07 sq. in. Area of Rod - .994 sq. in.

Area of Cylinder , Rod end.· 6.08 sq. in.

Pressure Data 550 PSI x 6.08 x 4 = 13,376 lbs. 575 PSI x 6.08 x 4 = 13,984 lbs. 600 PSI x 6.08 x 4 = 14,592 lbs. 625 PSI x 6.08 x 4 = 15,200 lbs. 650 PSI x 6.08 x 4 = 15,808 lbs.

To tabu�ate and record, a Master 2000 lb. Gauge (see certification) has been calibrated and wilhhow pump pressure. To ensure accuracy, there are four other gauges� one at each cylinder. These are to be checked against the master pump pressure.

Page 1 of2

4tomer ROYAL MOTORS ,ributor DEBARY AUTO EXPORT

resperson BILL DELEON

,- 2411621

:has sis Strip

:rame Extension

floor Assembly -

Left Side Assembly

Right Side Assembly

Rear Assembly

Roof Assembly

·sub Floor

Entrance Door

W/C Lift Door

Emergency Door

Body Completion

Prewire

Interior Paneling

Paint

Control Panel

Dorne Lights

Stepwell Lights

Exterior Liqthing

Fixed Glass

Rubber Floor

Entry Door Control

Windows

Entrance Door H/W

W/C Lift Door H./W

Emergency Door H/W

Miscellaneous H/W

2271

Proposal WORK.ORDER Date 09-25-99

C&E Body PHSC02109R

Shop Order No.

CHASSIS INFORMATION Make GM*l999

..

Wheelbase 157 Axle SD

Engine GVWR 12,300

GAWR Fr

GAWR Rr Fuel Capacity 55 GAL GASOLINE = 300#

PASSENGER CAPACITY Flip Seats Up Down # Amb Pass. 21 21 t W/C Pass. 0 0 Luggage Comp./Rack No

Parcel Shelf No Max. Passenger Capacity 2L· Vehicle Type BUS Ext. Skin Matl ALUM

WEIGHT ANALYSIS Est. Unloaded Vehicle Weight

Est. Loaded Vehicle Weight Est. Dry Weight Cl

Anaysis Date

[ CABEY:�;:) ., ����� .. llUMlliiffi . 1 • • -==-� Pcntt•'i\iiil· �"\ t�:d�3 · dri:SllJ.l!Imffl>SUP� · • · • · ··i ,

h L n k?z ;:;. (!Jl5V53r..5B jlj ,uL Al" 'ii�

·-·

Eront:1\'�lc.: �3?0 Rcm-1Ax·tl� s,(/f:t.C

LL I LL l9i.. (' I 'lutnt! ����

Wcig!I1MMter:- -7i� _f ,..:�-,: X,;i,_ . . ···=

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Sjp_/4-L /6'.13�.3/F 7'-YIIJ'.2..)R1

•1 . - ·- -� ·-- � . . ,.

Section: VI Test Documentation, Weight Slips, Pictures

TAPES ZERO'D AT 1"

L.H. FRONT AT 2.75" 16,532 LBS.

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GROUP 40523 - BUSES, TRANSIT (Adult Passenger)

ATTACHMENT 10

FEDERAL TRANSIT ADMINISTRATION CERTIFICATIONS

PRE-AW ARD - POST-DELIVERY REQUIREMENTS

For Rolling Stock Acquisitions Paid for by FTA Grant Funds

Page 1 of5

Pursuant to the use of Federal Transit Administration (FT A) funding for the purchase of Transit Buses under the resultant

. Contracts, all FT A Certifications hereinafter shall be provided with all bid submissions. The following certi�cations arenecessary for compliance with FTA regulations, and shall also be provided for all appropriate pre-award and post-delivery audits.

Legal Business Name of Bidder/Company: ______ s_h_e_pa_r_d_B_ro_s_.,_ln_c_. _______________________ _

DEBARMENT AND SUSPENSION, DISADVANTAGED BUSINESS ENTERPRISE and EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATIONS

Government-Wide Debarment and Suspension (Nonprocurement)

This contract is a covered transaction for purposes of 49 CFR Part 29 Governrnentwide Debarment and Suspension

(Nonprocurement) and Gavernmentwide Requirements for Drug-F,.ee Workplace (Grants). As such, the Bidder is required to

verify that none of the Bidder, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945, by any Federal department or agency, and by extension from participation in this PTA-assisted transaction. Absent this certification, properly completed and signed, a bid shall be deemed non-responsive.

By signing below, Bidder certifies that it is not excluded or disqualified as defined in 49 CFR 29.940 and 29.945.

The certification in this clause is a material representation of fact relied upon by OGS. If it is later determined that the bidder or proposer knowingly rendered �n erroneous certification, in addition to remedies available to OGS, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

Transit Vehicle Manufacturer (TVM) Disadvantaged Business Enterprise

Pursuant to the provisions of Section 105(f) of the Surface Transportation Assistance Act of 1982, each Bidder must certify that it has complied with the requirements of 49 CFR Part 26 Participation by Disadvantaged Business Enterprises in

Department a/Transportation Financial Assistance Programs, Subpart C Goals, Good Faith Efforts, and Counting regarding the participation of disadvantaged business enterprises in FT A-assisted procurements of transit vehicles. TVMs must establish and submit to the FTA Office of Civil Rights for approval an overall percentage goal. In setting the overall goal, manufacturers should be guided, to the extent applicable, by the principles underlying 49 CFR 26.45. Only transit vehicle manufacturers listed on FT A's certified list of Transit Vehicle Manufacturers, or that have submitted a goal methodology to FTA that has been approved or has not been disapproved, at the time of solicitation are eligible to bid. See htt;p://www.fta.dot.gov/civilrights/12891.html. Absent this certification, properly completed and signed, a bid shall be deemed non-responsive.

By signing below, Bidder certifies that it has complied with the provisions of 49 CFR Part 26.49.

23 l 70i_Attachmentl O _Federa!TransitAdministrationCertifications_2019-07-24

GROUP 40523 - BUSES, TRANSIT (Adult Passenger) Page3of5

Dealer Name: -----------------------------------

( _ _ _ _ Street Address: \

-----------------------------------

(

L

City, State, ZIP: ______________________________ _

ContactName: ----------------------------------­

Phone Number:----------------------------------

Legal Business Name of Bidder/Company: ___ �_s_h_e_p_ard_B_rn_s_ .• _ln_c. ________________________ _

CERTfflCATION TO RESTRICTIONS ON WBBYING

By signing below, Bidder certifies that:

1. No federal appropriated funds have been paid or win be paid, by or on behalf of the undersigned, to any person forinfluencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer oremployee of Congress, or an employee of a Member of Congress in connection with the awarding of any federalcontract, the making of any federal grant, the making of any federal loan, the entering into of any cooperativeagreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, orcooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attemptingto influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or anemployee of a Member of Congress in connection with the federal contract, grant, loan, or cooperative agreement, theundersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordancewith its instructions [as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg.1413 (1/19/96. Modifications have been made to the c lause pursuant to Section 10 of the Lobbying Disclosure Act of1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]

3. The undersigned shall require that the language of this certification be included in the award documents for all sub­awards at all tiers (including sub-contracts, sub-grants and contracts under grants, loans, and cooperative agreements)and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty ofnot less than $10,000 and not more than $100,000 for each such failure.

The undersigned certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of31 U.S.C. Section A 3801, et seq., apply to this certification and disclosure, if any.

Legal Business Name of Bidder/Company: _______ S_he_p_a_rd_B_r_os_._' l_n_c. _______________________ _

FEDERAL TRANSIT ADMINISTRATION (FTA) BUS TESTING (STURAA) CERTIFICATION By signing below, Bidder certifies that the Transit Buses offered in this bid submission comply with 49 U.S.C. A 5323(c) and FTA's implementing regulation at CFR Part 665 Bus Testing Regulations, to the extent these regulations are consistent with 49 U.S.C. 5318. Bidder further certifies tha t:

L _x __ A copy of the STURAA Test Report(s) prepared by the Federal Transit Administration's (FTA) Altoona, Pennsylvania Bus Testing Center is attached to this certification and is a true and correct copy of the test report(s) as prepared by the facility.

23170i_ Attachment} 0 _ FederalTransitAdministrationCertificafons _ 2019-07-24

r

(

GROUP 40523 - BUSES, TRANSIT (Adult Passenger) Page4of5

STURAA Test Report #(,s):

LotA PTI-BT-R0901 LotH

LotB Lot I

LotC LotJ

LotD Pll-BT-R0514 LotK

LotE PTI-BT-R0514 LotL

LotF LotM

LotG PTI-BT-R0514

·oR

2. __ A copy of a SlURAA Test Report prepared by the Federal Transit Administration's (FT A) Altoona, Pennsylvania Bus Testing Center is not attached for the following Lots. and the undersigned has completed thiscertification and appropriately initialed with the understanding that such Transit Buses either will fully complete AJtoona Testing prior to first Transit Bus orders and that such STURAA Test Report is forwarded to 1he New York StateDepartment of Transportation. Public Transportation Bw-eau for verification, or the Transit Buses will be subject todisqualification from bid award for non-compliance. The time frame for compliance or non-compliance, for Transit Buses bid that do not have a STURAA Test Report submitted, will be subject to detennination by the New York State Department of Transportation, Public Transportation Bureau.

LotA LotH

LotB Lot!

LotC LotJ

LotD LotK

LotE LotL

LotF LotM

LotG

__ Manufacturer's Certificate of Anticipated Testing has been submitted with the bid for the Lot(s) indicated above.

The undersigned understands that misrepresenting the testing status of a Transit Bus acquired with Federal financial assistance may subject the undersigned to civil penalties as outlined in the U.S .. DepartmentofTransportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the undersigned understands that ITA may suspend'or debar a manufacturer under the procedures in 49 CFRPart 29.

By signing below you certify your express authority to sign on behalf of yourself, yoar company, or other entity and full knowledge and acceptance of this Attachment 10 - Federal Transit Administration Certifications, and that all information provided is complete, true and accurate.

Legal Business Name of Company Bidding: Shepard Bros., Inc.

D/B/ A - Doing Business As (if applicable):

Signaturv

<7

Title: V

Printed or Typed Name: · } --TTi�odore She-f)G\1�

Da�: q /'23 19

23 l 70i _ Attachment 10 _F edera!TransitAdministrationCertifications _ 2019-07-24

GROUP 40523 - BUSES, TRANSIT (Adult Passenger)

INDMDUAL. CORPORATION, PARTNERSHIP, OR LLC ACKNOWLEDGMENT

}

COUNTY OF (}/rft::lrz iJ }

ss:

Page S ofS

On the / tJ :llJ. day of J(f?f in the year 20� , before me personally appeared '11zWIJ(1(., � h/...fb /d , known to me to be the person who executed the foregoing

instrument) who being Jui; sworn by me did depose and say that he maintains an office atTown of. ____ ��4!2ia...L,"4tl?"'-"-'!�rp!"-=CU."""'&�c=U"""'q ____ ----,,--________ _County of _ ... �""'}j""'-'-'-,-1-a,...,_...,.__.._.W...___ ______ , State of /V ff ; and further that: [Check One]

(0 If an indivldual): _he executed the fo�e,.9oing in trument in his/her name and on his/her own behalf. (IE lf.,,.a, corporaJi�: _he is the VI .f . of

<.. )fl {J)/1 rt/'1JR()1�, MC . . the corporation described in said instrument; that, by authority of the B&ard of Directors �f said corporation, _he is authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said corporation as the act and deed of said corporation.

(D If a partnership): _he is the _________________________ of_______________ _, the partnership described in said instrument; that, by the terms of said partnership, _he is authorized to execute the foregoing instrument on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said partnership as the act and deed of said partnership.

(0 If a limited liability company): _he is a duly authorized member of _____________ _ _______________ __, LLC, the limited liability company described in said instrument;that, _he is authorized to execute the foregoing instrument on behalf of the limited liability company for purposes set forth therein; and that, pursuantto that authority, _he executed the foregoing instrument in the name of and on behalf of said limited liability company as the act and deed of said limited liability company.

Signa(reandSeal of Notary Public

· -•· KAREN M. CtlEASMAN

:; . NOTA�Y PUBUC, STATE OF NEW YORK · ,. ::°: · NO. D1CH4916676 . : ,

QUALIFIED IN ONTA�o/�,;:a.; ·. ·.COMMISSION EXPIRES r -/ ..

23 l 70i_ Attachrnentl O _FederalTransitAdministrationCertifications _ 20 I 9-07-24