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1. Issuance of Request for Proposals – Monday, August 3, 20202. Request to Attend Non-Mandatory Virtual Pre-Proposal Conference – Monday, August 10,2020 by 5:00 PM ET3. Non-Mandatory Virtual Pre-Proposal Conference – Wednesday, August 12, 2020 at 10:00AM ET4. Request for Small Group Site Visits – Thursday, August 13, 2020 by 5:00 PM ET.5. Small Group Site Visits – Week of August 17 at request and by appointment only6. Last Day for Receipt of Questions on RFP – Wednesday, August 26, 2020 at 5:00 PM ET7. Last Day the County will issue written responses to questions – Wednesday, September 2,2020 at 5:00 PM ET8. Proposals Due – Friday, September 11, 2020 at 4:00 PM ET9. Selection Committee to present recommendation to Catawba County’s Utilities & EngineeringDirector – TBD10. Complete Final Contract Negotiations with Selected Respondent – TBD11. Present Final Contract to Board of Commissioners for approval – TBD12. Issue Notice to Proceed for Landfill Gas-to-Energy Project Development – TBDOnce the Proposals have been reviewed, the County reserves the right to shortlist Companies, requestthat the Companies conduct a presentation and be interviewed by the Selection Committee.The RFP includes the following sections: SECTION 1 – GENERAL INFORMATIONSECTION 2 – SCOPE OF SERVICESSECTION 3 – SUBMITTAL REQUIREMENTSSECTION 4 – SELECTION PROCESSSECTION 5 – FORECAST OF LANDFILL GAS RESERVESFORM A – PROPOSAL SUBMITTAL FORMFORM B – PROPOSAL CERTIFICATION AND NON-COLLUSION AFFIDAVITFORM C – LANDFILL GAS PAYMENT FORMRFP: LFGE Project – Blackburn Landfill4

SECTION 1 – GENERAL INFORMATIONRFP OBJECTIVEThe objective of this RFP is to solicit Proposals for the development of an LFGE project at the BlackburnLandfill. Catawba County, as the owner and operator of the Blackburn Landfill and the existing powerplant that currently utilizes the LFG, intends to discontinue operation of the existing power plant (dueto the age of the existing engine gensets) and to enter into a contract with the successful respondent,herein referred to as “the Company” including the following general provisions: Conveying the LFG, associated environmental attributes, and tax credits to the Company foran initial term of 20 years including:oThe LFG produced, collected by the County-owned LFG collection system, and madeavailable;oThe environmental attributes including greenhouse gas credits associated withdestruction of the methane, any environmental attributes associated with thegeneration of electricity (Renewable Energy Credits and/or greenhouse gas credits foroffsetting other forms of electrical generation), any Renewable Identification Number(RIN) assigned to a batch of biofuel for the purpose of tracking its production, use, andtrading as required by the United States Environmental Protection Agency's RenewableFuel Standard (RFS), and any other environmental attributes existing or yet to beconceived; andoApplicable tax credits and tax incentives associated with LFGE and Greenhouse GasEmissions Reduction projects.The County expects to be compensated for: 1) conveying the LFG to the Company at adetermined point of delivery; 2) environmental attributes; and, 3) the beneficial use of the LFG.While the specific contract terms contained in a contract resulting out of a negotiations phasefollowing this RFP process will ultimately define frequency of compensation, the County desiresto receive such compensation on a monthly basis. However, for purposes of presenting thefinancial aspects of the proposed LFGE Project, the Landfill Gas Payment Form included in thisRFP is formatted to request an annual value for compensation to the County.Proposals that present technically and financially-feasible alternatives to the approach and specificscontained in this RFP will be accepted and considered. Several circumstances that the Companyshould make note of when considering development of an LFGE Project at the Blackburn Landfill areas follows: The County will be responsible for the permitting, design, construction, operation, andfinancing of the LFG Collection and Control System and intends to operate the existing andfuture LFG Collection System in a manner that prioritizes compliance with applicableregulations; The County intends to operate the existing and future LFG collection system in a manner thatprioritizes regulatory compliance and odor mitigation and will continue to establish operationalpractices and protocols that minimize the potential for fugitive LFG emissions that may resultRFP: LFGE Project – Blackburn Landfill5

in regulatory non-compliance and/or contribute to potential odors at the Blackburn Landfilland within surrounding communities. While environmental compliance and odor control is theLandfill’s primary goal, it should be recognized that the County has over 20 years of experiencein successfully optimizing LFG collection and effectively achieving multiple objectives thatinclude energy recovery, regulatory compliance, and odor abatement and control; and The County does not exert control of the composition or quantities of waste that are deliveredto the Blackburn Landfill and, thus, cannot warranty or guarantee the quantity or quality of theLFG recovered at the Blackburn Landfill.RIGHTS OF THE COUNTYAll responses, inquiries, or correspondence relating to this RFP will become the property of the Countywhen received and will become subject to all appropriate public disclosure laws of North Carolina.COST INCURRED BY THE COMPANYAny cost incurred by the Company in preparing or submitting a Proposal in response to this RFP shallbe the Company’s sole responsibility.RIGHTS OF THE SELECTION COMMITTEEThis RFP constitutes an invitation to submit Proposals to the County. This RFP does not obligate theCounty to procure or contract for any of the scopes of services set forth in this RFP. All responses,inquiries, or correspondence relating to this RFP will become the property of the County when receivedand will become subject to all appropriate public disclosure laws of North Carolina. The County andthe Selection Committee reserve and hold at its sole discretion, various rights and options, includingwithout limitation, the following:a)Waive any minor informalities in the RFPb) Prepare and issue addenda to the RFP prior to the receipt of the Proposals that may expand,restrict, or cancel any portion or all work described in this RFPc) Receive questions and provide answers as it deems appropriated) Reject any and all Proposalse) Change the date for receipt of Proposals or any deadlines and dates specified in this RFPf)Conduct investigations with respect to information provided, seek clarification and requestadditional informationg) Contact Referencesh) If applicable, provide a facility visit as referenced in a Proposali)Interview (or not) any or all of the Companies for purposes of discussing information in theProposalsRFP: LFGE Project – Blackburn Landfill6

j)Cancel this procurement process with or without substitution of another RFPPROPOSALS TO REMAIN OPENAll Proposals will remain open for 180 days beyond the Proposal date. The County may, at its solediscretion, release any Proposals and return the Proposal Security prior to that date.GENERAL CONDITIONS FOR INSURANCE, INDEMNIFICATION, ANDPERFORMANCE GUARANTEESAny potential contract resulting out of a negotiations phase following this RFP process will includespecific contract terms pertaining to site use, financing, operations, compensation, ownership,security, insurance, indemnification, warranties, performance guarantees, designation ofresponsibilities, and other appropriate provisions. It is anticipated that such contract will contain termsand conditions which reflect the unique nature of an LFGE Project to be developed by the Company.The Company should outline any specific terms and conditions they want the County to consider intheir Proposal. The County reserves the right to include terms and conditions specific to an LFGEProject in any potential contract.DEFINITIONSThe following terms used herein are defined below for the purposes of this RFP.Landfill Gas Contract. The legal contract between Catawba County and the Company that includessale of LFG to the Company at the point of delivery, the construction, operation and maintenance ofthe LFGE Facilities by the Company and includes payment to the County for the LFG.Landfill Gas Collection and Control Facilities. The network of LFG collection and control systemequipment appurtenances including, but not limited to, gas collection wells, horizontal collectors,leachate cleanout connections, collection header and lateral piping, interconnecting pipes, valves,dewatering liquid and condensate management features, monitoring and measuring equipment,blowers and other equipment associated with the Gas Handling System and Gas Compression System,glycol chiller, filters, and other equipment associated with the Gas Dehydration System, LFG utilityflare, telemetry and controls, and other related equipment that has been, or will be, planned,permitted, designed and installed by the County and used in the extraction and collection of LFG atthe Blackburn Landfill.Landfill Gas Point of Delivery. The location between the County-owned LFG Collection Facilities andthe Project Facilities where LFG collected and measured by the County’s Collection Facilities istransferred and sold to the Company.Project Facilities. The infrastructure, system components, and controls that are furnished,constructed, maintained, and managed by the Company and in agreement with the County forpurposes of operating and maintaining an LFGE Project to beneficially utilize the LFG for energyrecovery, monetization of environmental attributes, and monetization of tax credits and tax incentives.Project Facilities may or may not be located within the County’s property that is leased to the Company,as applicable.RFP: LFGE Project – Blackburn Landfill7

Project. The overall planning, permitting, financing, design, construction, operation, maintenance, andenvironmental monitoring services associated with the facilities installed for the beneficial use of LFG.In addition, the Project includes marketing, sale and distribution of the full market value of the LFG,including all environmental attributes, tax credits, and tax incentives.Project Site. The area of land owned by the County, whereby the County shall grant usage to theCompany for purposes of operating LFGE Facilities per the Contract. The area of land may includeeasements, rights-of-way, or land leases.The Company. The entity that enters into a contract with the County to complete the scope of servicesfor an LFGE Project using LFG generated from any or all portions of the Blackburn Landfill. The Countyagrees to sell LFG generated from the waste disposal units of the Blackburn Landfill to, or to participatein some revenue-sharing arrangement with, the Company as described in the Landfill Gas Contract.The Company is responsible for completing the scope of work outlined in the contract.RFP: LFGE Project – Blackburn Landfill8

SECTION 2 – SCOPE OF SERVICESGENERALFor the purposes of this RFP, the scope of services requested by the County includes, but is not limitedto, planning, permitting, financing, design, construction, operation, maintenance, and environmentalmonitoring services for facilities associated with the beneficial use of LFG. In addition, the scope ofservices includes marketing, sale and distribution of the full market value of the LFG, including allforms of energy, environmental attributes, tax credits, and tax incentives.In exchange for granting a Company the right to receive the LFG at the Blackburn Landfill forcommercial energy production purposes, the Company must agree to make payments to the Countybased on metered quantities/measured quality of gas delivered and/or based on some mutuallyagreed upon revenue-sharing arrangement.Term of Contract. The initial term of the Contract shall be for twenty (20) years, and the County shallhave the option to extend the Term for one (1), five (5) year period.RIGHTS AND RESPONSIBILITIES OF CATAWBA COUNTYThe rights and responsibilities of the County are:Landfill Gas Collection Facilities. The County will continue to exercise responsibility to plan, permit,design, finance, construct, install, operate, and maintain all existing and future Landfill Gas CollectionFacilities over the Unit 1 through Unit 12 waste disposal units.Licenses and Permits. The County will make application for, obtain, and maintain all applicablelicenses and permits required for the construction and operation of the Landfill Gas CollectionFacilities.Review of Permit Applications and Construction Documents. At all times, the County, in its role aslandfill owner and partner with the Company, reserves the right to review permit applications preparedby the Company prior to the permit applications being submitted to the regulatory agencies. TheCompany will be solely responsible for obtaining necessary environmental permits and maintainingcompliance with those permits for the Company’s facility. In addition, at all times, the County, in itsrole as landfill owner and partner with the Company, reserves the right to review constructiondocuments prepared by the Company prior to the Company soliciting for construction or equipmentbids. The County, in its role as landfill owner and partner with the Company, will complete its reviewof permit applications and construction documents within 30 working days of receipt, and will notifythe Company in writing of any comments, concerns, problems, or perceived non-compliance withapplicable law, environmental compliance requirements, or landfill operations. The conditions of this“courtesy” review are separate and unrelated from any reviews of permit applications or constructiondocuments in which the County is serving in the role as the regulatory agency.Access and Property Lease. The specific contract terms contained in a contract resulting out of anegotiations phase following this RFP process will ultimately define granted access to the Project Sitefor the purposes of enabling the Company to complete its responsibilities. Similarly, any lease ofproperty to the Company for the

REQUEST FOR PROPOSAL Landfill Gas-to-Energy Development Project for the Blackburn Landfill and Resource Recovery Facility Newton, North Carolina RFP NO. 21-1001 Date of Issue: Monday, August 3, 2020 Proposal Due Date: Friday, September 11, 2020 Proposal Due Time: 4:00 PM ET Issued for: Catawba County Utilities & Engineering