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226. <br />EXHIBIT DES <br />PROGRAM AGREEMENT <br />DISTRIBUTION ENGINEERING SERVICES <br />The City of San Marcos ("Customer") and the Lower Colorado River Authority ("LCRA") have entered into an <br />Agreement for Technical Services dated August 25, 1992. K_ <br />The Distribution Engineering Services Program Agreement ("Program Agreement") entered into this ? ay of <br />200*shall become a part of said Agreement for Technical Services as Program Agreement <br />Exhibit ES <br />With respect to work LCRA agrees to perform for Customer on or after this date, this Program Agreement between <br />Customer and LCRA replaces the original Program Agreement executed April 24, 1995, and the Addendum to <br />Distribution Engineering Contract Services Program Agreement dated January 22, 1997. The original Program <br />Agreement and the Addendum to Distribution Engineering Contract Services Program Agreement shall remain in <br />force and effect with respect to any work LCRA has agreed to perform under them for Customer prior to this date <br />until that work is completed. <br />The Customer and LCRA agree as follows: <br />SERVICE AGREEMENT SCOPE <br />LCRA shall provide the following engineering services to Customer: <br />Update Maps and Electric System Model as Customer provides the information <br />2. LCRA engineering personnel shall be available to Customer for engineering advice on technical problems <br />that may arise during operation, construction, or addition of new electric loads that are related to the design <br />of the system. For support on inspection, maintenance, and construction methods and/or procedures, LCRA <br />and Customer may enter into a separate agreement. <br />LCRA engineering staff shall be available to perform other engineering services as need by the Customer. <br />Such services shall be described by a Supplemental Engineering Services Agreement and may include the <br />surveying, staking, preparation of design, layout, plans, geo-technical reports, specifications, material lists, <br />contract documents, permits, construction inspection reports, final inspection documents, and as-built <br />drawings, for the construction and/or removal of overhead electrical distribution projects. The work shall <br />be under the responsible charge of Texas Licensed Professional Engineer. The Supplemental Services <br />Agreement shall specify the procedure for the Customer to pay LCRA for the services described in the <br />agreement. <br />1 <br />CONFIDENTIAL WORK PRODUCTS <br />Any data, models, maps, graphical products or other materials provided by Customer to LCRA for purposes of this <br />Agreement remain the property of the Customer. All software, data, computer models, maps, graphical products <br />and other deliverables under this Agreement developed or utilized by LCRA in the performance of this Agreement <br />have been developed or acquired by LCRA at considerable expense, and shall be considered competitive, <br />proprietary information belonging to LCRA. Customer agrees not to disclose or release any of the above-listed <br />L O W E R C O L O R A D O R I V E R A U T H O R I T Y