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. . Jack Yates October 19, 1998 Page 4 SillviMAR Y Del-Mont will provide the services related to the Cottonwood Creek pipeline replacement, including the evaluation of hydroelectric potential, as summarized below: Description DMFee Fees To Others Hydroelectric Evaluation $2,000 (lump sum) Pipeline Geotechnical Evaluation $8,500 (time & mat.) Pipeline Design $74,800 (lump sum) -- Pipeline Permitting (high est.) $10,000 (time & mat.) $10,000 (time & mat.) Pipeline Construction Services $26.000 (time & mat.) $30.000 (time & mat.) Subtotal Lump Sum $76,800 Subtotal T & M $36.000 $48.500 Total $112,800 $48,500 Total Combined Fees (all) $161,300 As is our usual practice, invoices are submitted monthly for work performed and are payable in 30 days. Invoices that are not paid in 30 days are subject to interest charges of 1% per month. The lump sum portions of the project will be invoiced based on the percentage of the work completed, while the time and materials portions will be based on actual time expended and in accordance with our standard Schedule of Fees dated March 9, 1998. Time and materials work performed after March 7, 1999 will be based on our annually updated Schedule. SCHEDULE OF SERVICES We can start work immediately upon receipt of your authorization to proceed. To allow the pipeline design and environmental work to proceed through the winter, field efforts need to begin immediately. It is possible that the conditions, such as snow cover, would prohibit us from proceeding until next spring. We will do what we can to avoid this in order to complete our design by March 1999. If the field work is delayed, the design will also be delayed and the project will probably need to be constructed in the year 2000. EXIllBIT "A" We incorporate as part of our Agreement the attached Exhibit "A" excerpted directly from the "Standard Form of Letter Agreement Between Owner and Engineer for Professional Services" prepared and issued as noted on the cover sheet. This will clarify an engineer's customary responsibility during the construction phase.