ANNE ARUNDEL COUNTY, MARYLAND Annapolis, Maryland

ADDENDUM NO. 3

December 31, 2015

IFB NO. 16-002R

Power Purchase Agreements for Solar Photovoltaic Systems

TO ALL OFFERORS: PLEASE NOTE THE FOLLOWING ADDITIONAL INFORMATION (Please read in its entirety): 1. Question: Can Offerors submit proposals "in the alternative", contingent upon the renewal of the Federal EITC? We would like to build an 8 MW facility at the Sands Park site, but only if the Federal EITC is extended. If it is not extended, then we would only build a 2 MW facility. Can we present two proposals for the same site to cover these scenarios? Answer: The U.S. Congress has passed a multi-year extension of the federal solar investment tax credit as part of the omnibus appropriations bill. This bill extends the credit through 2021 with a gradual ramp down starting 2019. The extension also includes commenced construction language that would add two additional years to complete large-scale projects. As it is intended the proposed County solar PV systems will be installed before the expiration of the investment tax credit, Offerors may only submit one proposal for each site that offers the greatest economic value to the County 2. Question: Are there any County-owned or leased buildings or structures on the Sand Road Park site, and if so, what are they used for and can we remove them if necessary for our site plan? Answer: Offerors are responsible for inspecting the existing conditions at each site. It is intended no County building or facility will be removed or relocated to accommodate the installation of a solar PV system. 3. Question: What is the current price per kWh that the County pays for electricity? Answer: Current price guidance for County electric supply cost is $.07 KWh. The BGE distribution costs vary by rate schedule. 4. Question: What is the total amount of electricity (kWh) that the County consumes annually? Answer: See Addendum Number 1, Question 3. 5. Question: Can you provide grid coordinates for the Glen Burnie and Sands Road Park sites? Answer: If you are asking about map coordinates, the ADC Street Map coordinates for the Glen Burnie Landfill is 3 D 11 and Sands Road Park is 27 K 8. If you asking about another type of grid coordinate, please clarify your question. 6. Question: Will proposals for both sites from a single Offeror be considered separately against each proposal for each site from other Offerors, or will a two-site proposal be "blended" to produce a single price for power from that Offeror?

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Answer: The Evaluation Committee will evaluate each site separately with the PPA/Lease award to the Offeror with the highest score for each site. 7. Question: Are the Glen Burnie and Sands Road Park Landfills currently regulated under a MDE post closure permit? Answer: The Glen Burnie Landfill is not regulated under State (COMAR 26.04.07) or Federal (40CFR Part 258) solid waste disposal facility regulations since waste placement preceded both regulatory programs. The Glen Burnie Landfill was closed and capped in accordance with the Second Amended Consent Agreement CA-91-023A (i.e., Consent Agreement) between Anne Arundel County and the Maryland Department of the Environment (Attachment A to this Addendum). The Sands Road Park is regulated by the State of Maryland Discharge Permit Number 2014-GWD-2130, pursuant to Title 9 of the Environment Article, Annotated Code of Maryland, and regulations promulgated thereunder, as provided in Appendix E: Sands Road Landfill Site/Zoning Map. 8. Question: Is it correct to say if these sites are still regulated as closed sites by MDE, solar projects would they need modifications to the existing permit to reflect changes in the use of the property? Answer: Per the attached correspondence from the Maryland Department of the Environment, dated May 10, 2013, no additional permits are required for the Glen Burnie Landfill; however, MDE must review and approve the solar PV plans in accordance with requirements identified in the correspondence since capping work was in accordance with plans and specifications approved by MDE. The Sands Road Park is regulated by the State of Maryland Discharge Permit Number 2014-GWD-2130, as provided in Appendix E: Sands Road Landfill Site/Zoning Map. The selected Offeror is responsible for obtaining all applicable MDE approvals for the Sands Road Park site. 9. Question: Are these sites historic, or not regulated, or have completed care under a regulatory program? Answer: If all questions are related to an historic designation, none of the sites are historically significant. If you have other questions, please rephrase the questions and resubmit. 10. Question: Will the County obtain approval to modify the permits, or is this is something that the Offeror is responsible for? Answer: As stated in RFP Number 16-002R, Section 2.4.6, “The Selected Offeror shall secure from local, state, and federal governing agencies and the utility company rights, permits, approvals, and interconnection agreements at no additional cost to the County.” 11. Question: Will Offerors who present proposals that include all three sites be seen more favorably than Offerors who elect to propose one or two sites? Answer: No, the Evaluation Committee will evaluate each site separately with the PPA/Lease award to the Offeror with the highest score for each site.

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12. Question: What is the cap depth at each of the landfills? Answer: The Glen Burnie Landfill earthen cap varies in depth. The earthen cap is approximately five (5) feet at the center of the north mound area and tapers down to approximately one (1) foot at the perimeter side slope areas. The Sands Road Park rubble landfill has a synthetic liner on top of the landfill with two - four feet of earth on top of the synthetic cap. 13. Question: Will a fence within the existing fence at the Glen Burnie Landfill site be required? If so, may that fence enclose the existing access road? Answer: The Successful Offeror shall include fencing or other means to provide security around the limits of the project if required. Any fencing shall not restrict the County’s ability to perform maintenance within the Glen Burnie Landfill property. 14. Question: Will vegetative screening be required at each of the landfill sites, considering the existing conditions: (a) 4900 Sands Road site is not currently within view of any homes or businesses; and (b) 100 Dover Road site is largely obstructed by existing vegetation. Answer: See Addendum Number 1, Question/Answer Number 6. 15. Question: My company provides solar ground mount, roof mount, canopy/racking systems. We would like to extend our products and services to the attendees of the meeting. Could you provide me with a list? Answer: List of pre-proposal conference attendees and interested parties is included as Attachment B to this Addendum. 16. Question: We are trying to determine how the Sands Road Park landfill site would match up with various Maryland regulatory restrictions surrounding net metering. Specifically, do you know whether the County owns any onsite or adjacent property/buildings to the landfill with electricity demand? Answer: There is not an opportunity for net metering at the Sands Road Park site; however, there is opportunity for aggregate net metering. Please refer to Addendum Number 1, Question 10. 17. Question: Given the time typically needed for contract review and that fixed delivery times for critical procurement items as well as utility interconnection, permitting and engineering/design processes, it’s important to understand that the awardee won’t be left with much time in the year to mobilize and complete the individual projects. To that end, will the County consider construction completion and commissioning of the systems in 2017? Answer: The deadline for the Successful Offeror(s) Commissioning of Systems(s) at the Glen Burnie Landfill and Sands Road Park has been extended to no later than June 30, 2017 time. The deadline for the Successful Offeror Commissioning of System at the North Arundel Aquatic Center remains no later than December 31, 2016. 18. Question: Waiver of Bid Bond; Use of Audited Financial Statements. The short period of time to complete this Proposal and the fact that it is occurring during the Christmas Holidays is making it difficult to obtain a proposal bond commitment. This is especially true since the proposal bond must cover all development costs, which include the costs associated with the results of geotechnical and other feasibility studies. Since geotechnical studies will not be conducted until after the award of the RFP, it is impossible to determine the true cost of construction for the purpose of obtaining a

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proposal bond. Our bonding companies are not willing to issue a bond until all such costs are quantified. In light of this problem, can the requirement for a proposal bond be waived? Can audited financial statements of the Offeror be substituted in lieu of a proposal bond? Answer: Per Addendum 2, the deadline for submitting a proposal in response to the RFP has been extended to February 1, 2016, at 3:00 p.m. local time. Offerors are responsible for submitting a Proposal Deposit in the form of a certified check or proposal bond in the amount of $25,000 per site for this RFP. 19. Question: County: Several potential solar providers have been on site and have asked our Maintenance Supervisor, Mark Smith, about the cap and the clay cover. Does Sands Road Park have an earthen cap? Is low ground pressure equipment required? Answer: The Sands Road rubble landfill has a synthetic liner on top of the landfill with 2-4 feet of earth on top of the synthetic cap. Per RFP Number 16-002R, Section 2.5.7, “Since the work at the Sands Road Park is to be performed on top of an existing landfill cap with underlying geosynthetic components, all equipment used within the limits of the Sands Road Park shall be low pressure equipment (less than ten pounds per square inch(psi)). 20. Question: In light of the recent extension of the Federal EITC at the 30% level which removes the pressure of needing to complete this transaction by 12/31/16, can the commercial operation date deadline be moved to 3/31/17? Answer: See answer at Addendum 3, Question 17. Additional requirement for Successful Offeror (Sands Road Project): The Successful Offeror selected for the Sands Road project shall arrange for a meeting with the Maryland Department of Environment to discuss the project, as two potential requirements are:

(1) Notice of Intent filed for a General Permit for Stormwater Associated with Construction Activities with MDE’s Water Management Administration; and (2) Possible Sediment & Erosion Control Plan approved AA Soil Conservation District.

All other terms and conditions remain the same.

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________________________________________________________________ NOTE: THIS ADDENDUM AND ACKNOWLEDGMENT SHALL ACCOMPANY THE PROPOSAL TO MAKE IT VALID. Return to: Diana Cox, Assistant Purchasing Agent Anne Arundel County Purchasing Department 2660 Riva Road, 3rd Floor Annapolis, MD 21401 Sir/Madam: This will acknowledge receipt of Addendum No. 3 to IFB 16-002R Power Purchase Agreements for Solar Photovoltaic Systems Date: _____________________ FIRM NAME: __________________________ SIGNATURE: __________________________ TITLE: ______________________________

Signature must conform to requirements of RFP.

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ATTACHMENT A TO ADDENDUM NO. 3

16-002R

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ATTACHMENT B TO ADDENDUM NO. 3

16-002R

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