Can this agreement be signed electronically?

Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96, 2000) and UETA where adopted, provided the parties demonstrate intent, consent, attribution, and retention capability.

Is notarization required for recording an easement?

Many jurisdictions require a notarized acknowledgement for instruments to be recorded; check local recording office rules. Where recording is required, notarization plus any required witnessing is typically necessary.

Who must sign on behalf of a company?

An authorized corporate officer or agent with delegated authority must sign; include a corporate resolution or evidence of authority if the signatory is not an officer to avoid later challenge.

How do I correct an executed agreement?

Use a written amendment signed by all original parties or execute a replacement agreement; avoid unilateral edits to an executed instrument as they can create enforceability issues.

Can the agreement be revoked or canceled?

Revocation requires the mechanism contained in the agreement — such as mutual written termination or notice provisions. Absent contract terms, rescission may require agreement or court action.

Where should easement instruments be recorded?

Record in the county recorder or land records office where the property is located; recording preserves public notice and priority of rights for future buyers and lenders.

Electronic Signature
Templates
Miscellaneous
Utility Underground Services Agreement

Utility Underground Services Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

UTILITY UNDERGROUND SERVICES AGREEMENT

This Utility Underground Services Agreement (the Agreement) is entered into as of by and between:

Client Name:

Contractor Name:

WHEREAS

WHEREAS, Client requires qualified utility underground installation and related services for the project located at (the Project); and

WHEREAS, Contractor represents that it has the experience, equipment, personnel and licenses necessary to perform the underground utility work described in this Agreement under the terms and conditions set forth herein.

SCOPE OF WORK

Contractor shall perform the underground utility services and related work described below in accordance with industry standards and applicable codes. Work shall include excavation, installation of conduit and utility lines, bedding and backfill, testing, restoration, and any ancillary services necessary for a complete installation.

Detailed scope and specifications

PAYMENT TERMS

Contract price (total) Payment schedule Retainage (if any) Late payment charge

Contractor shall submit itemized invoices in accordance with the Payment schedule. Client shall pay undisputed amounts within days of receipt. Disputes to invoice items must be raised in writing within ten (10) days of receipt.

TERM AND TERMINATION

Term Commencement Date:

Expected Completion Date:

Either party may terminate this Agreement for material breach if the breaching party fails to cure within days after written notice. Client may terminate for convenience upon days' prior written notice; Contractor shall be entitled to payment for work performed and reasonable demobilization costs, less offsets.

CONFIDENTIALITY

Each party acknowledges that in the performance of this Agreement it may receive Confidential Information of the other party. "Confidential Information" means non-public business and technical information disclosed in connection with this Agreement. Each party agrees to: (a) hold Confidential Information in strict confidence; (b) not disclose it to third parties except to officers, employees, contractors and agents who have a need to know and who are bound to confidentiality obligations no less protective than this Section; and (c) use Confidential Information only for the performance of this Agreement. Confidential Information does not include information that is publicly known, rightfully received from a third party without an obligation of confidentiality, independently developed, or required to be disclosed by law, provided notice is given where permitted.

INSURANCE, INDEMNITY AND LIENS

Insurance requirements

Contractor shall indemnify, defend and hold harmless Client and its officers, agents and employees from and against all claims, liabilities, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from Contractor's performance of the Work, except to the extent caused by the negligence or willful misconduct of Client. Contractor's indemnity obligation includes damage to existing utilities and property.

Contractor shall promptly pay subcontractors and suppliers and shall, upon request, furnish lien waivers evidencing payment. Contractor shall not permit any mechanic's or materialman's liens to remain outstanding on the Project.

Contractor provides lien waivers upon payment Yes

SAFETY, PERMITS AND COMPLIANCE

Contractor shall perform Work in compliance with all applicable laws, codes, regulations and utility owner rules. Contractor shall obtain and pay for permits, coordination with utility owners, locate services and traffic control as required by law or this Agreement unless otherwise specified in the Scope of Work. Contractor is responsible for job site safety and shall maintain a safe work environment, including implementation of trenching and shoring practices where applicable.

CHANGE ORDERS

Change order procedure

ACCEPTANCE AND WARRANTY

Final acceptance shall occur upon completion of the Work, correction of punch list items, and final inspection by Client. Contractor warrants that all Work performed will be free from defects in workmanship and materials for a period of months from the date of final acceptance. Contractor shall promptly remedy any defects discovered during the warranty period at Contractor's expense.

NOTICES

Client notice address Contractor notice address

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. The parties shall attempt in good faith to resolve disputes by negotiation. If not resolved within thirty (30) days, disputes shall be submitted to binding arbitration conducted by a single neutral arbitrator under commercial arbitration rules agreed by the parties.

ENTIRE AGREEMENT

This Agreement, including any exhibits, attachments, change orders and written amendments signed by authorized representatives of both parties, constitutes the entire agreement between Client and Contractor with respect to the subject matter hereof and supersedes all prior negotiations, proposals, representations and agreements, whether written or oral. No modification of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

MISCELLANEOUS PROVISIONS

Relationship of the parties: Contractor is an independent contractor and not an agent, employee, joint venturer or partner of Client. Contractor shall be solely responsible for all payroll taxes, withholding and employee benefits for its personnel. Contractor shall not subcontract work without prior written consent of Client, except to the extent allowed in the Scope of Work.

Subcontracting permitted Yes (subject to Client approval)

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Client

Printed Name:

By:

Date:

Contractor

Printed Name:

By:

Date:

What a Utility Underground Services Agreement Is

A Utility Underground Services Agreement is a written contract that defines the rights, responsibilities, and technical requirements for installing, relocating, maintaining, or protecting utility lines and related infrastructure placed underground. Typical parties include a utility owner, a contractor, and a property owner or municipality. The agreement addresses scope of work, project schedules, permitting, safety and inspection protocols, insurance and indemnity obligations, easement or right-of-way terms, and recordation requirements. It is used to reduce disputes and to document who pays for installation, repairs, and long-term maintenance obligations.

Why this Agreement Matters for Projects and Risk Control

A clear Utility Underground Services Agreement allocates liability, establishes technical and inspection standards, and documents permitting and easement status so projects proceed with fewer delays and less exposure to cost overruns and regulatory penalties.

Who Typically Prepares or Signs This Agreement

Identifying the proper signers and approvers early prevents rejected permits, insurance gaps, and later disputes.

Utility owners and municipal utilities — manage rights-of-way, maintenance responsibilities, and performance standards for buried facilities.
General contractors and subcontractors — clarify installation methods, coordination, permits, bonding, and insurance requirements before excavation.
Property owners and developers — document easement grants, restoration obligations, and who will pay for relocation or future maintenance.

Core Elements to Include in a Professional Agreement

A comprehensive agreement organizes legal terms and technical specifications so field crews, inspectors, and administrators can act consistently and defensibly.

Scope of Work

Define exact work: excavation limits, conduit and cable types, depth and backfill methods, restoration plans, and any seasonal or environmental constraints.

Permits and Approvals

Identify required municipal, county, or state permits, responsible party for permit procurement, timelines, and conditions precedent to starting work.

Easements and Rights

Specify existing easements or new grants, describe recording steps, and include surveying or metes-and-bounds as enforceable exhibits.

Insurance and Indemnity

List minimum liability, umbrella, workers’ compensation, and builders’ risk limits; require certificate naming utility or municipality as additional insured.

Testing and Inspection

Describe inspection checkpoints, acceptance criteria, test reports, and retention of as-built drawings and electronic GIS data.

Change Orders

Establish a written change order process, pricing method, approval authority, and impact on schedule and warranty obligations.

Required Information and Key Fields

Party Names: Legal entity names

Project Location: Street, parcel, coordinates

Effective Date: MM/DD/YYYY

Scope Summary: Concise work description

Insurance Limits: Policy types and amounts

Signatures: Signer name and title

Step-by-Step: Completing the Agreement

Follow a consistent sequence to avoid omissions and to align technical and legal details before signatures are requested.

01

1. Gather Documents: Collect permits, plats, and utility maps.
02

2. Identify Parties: Use full legal names and contact details.
03

3. Define Scope: Attach technical specs and drawings.
04

4. Execute: Obtain authorized signatures and notarization if required.

How to Configure an Online Workflow for This Agreement

Design a digital workflow that enforces the correct sign order, required fields, and identity checks before finalizing the record.

Setting	Typical Configuration
Authentication	Email + SMS code or ID verification
Template Fields	Required name, date, initials, attachments
Signing Order	Utility → Contractor → Property owner
Notifications	Reminders at 3 and 7 days

Digital Signing and eSubmission Considerations

Ensure the solution supports required notarization workflows, secure storage, and export of signed PDFs with certificates of completion.

Integrations: Salesforce, NetSuite, Procore
File Types: PDF, DOCX, Excel
Security: AES-256 at rest

Where to Send the Completed Agreement

Routing depends on project rules; signed originals and electronic copies typically go to several recipients for record and action.

Utility Owner: Primary contract holder for operations and records
Municipal Permit Office: Submit for permit compliance and inspection scheduling
County Recorder: Record easement or right-of-way instruments when required
Contractor: Retain for project execution and insurance claims

Typical Timelines and Processing Expectations

Projects follow regulatory and permit-driven timelines; plan for multi-week approval cycles and allow extra time for recordation.

Permit Approval:

30–90 days typical for municipal review and conditions

Bonding and Insurance:

Provide certificates before mobilization; procurement may take 7–14 days

Construction Start:

Scheduled after permits and pre-construction meeting

Inspection and Acceptance:

Field inspections scheduled at milestones; allow 1–2 weeks

Easement Recording:

Record within 30 days of execution if required

Common Mistakes to Avoid

Using informal or shorthand names for parties, which can create ambiguity in insurance and enforcement.
Failing to attach technical exhibits, as missing drawings lead to disputes about scope and acceptable methods.
Omitting recordation steps for easements, resulting in clouded title and future access problems.
Neglecting to specify who bears relocation costs when other utilities or later work require movement of installed facilities.

Consequences and Risks of an Incomplete or Incorrect Agreement

Permit Denial: Work delays

Liability Exposure: Third-party damage claims

Regulatory Fines: Administrative penalties apply

Contract Invalidity: Enforceability challenges

Insurance Gaps: Claims may be denied

Title Issues: Unrecorded easements complicate sales

eSignature Vendor Comparison for Executing This Agreement

Compare common capabilities and pricing models for digital execution; signNow is listed first per vendor comparison conventions.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Project Scenarios: How the Agreement Is Used

These example scenarios show typical uses and outcomes when the agreement is complete and executed correctly.

Municipal Road Reconstruction

A city requires relocation of utility cables

Contractor sequences work with permitted windows
A signed agreement clarified who pays relocation costs and ensured timely inspections, avoiding work stoppage.

Private Development

Developer needs utility service to a new subdivision

Easement and installation timing were negotiated in advance
Clear scope and recordation prevented title issues at lot closings and streamlined final inspections.

Frequently Asked Questions

Answers to common questions about electronic execution, notarization, signatory authority, revocation, and recordation for underground utility agreements.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96, 2000) and UETA where adopted, provided the parties demonstrate intent, consent, attribution, and retention capability.
Is notarization required for recording an easement?
Many jurisdictions require a notarized acknowledgement for instruments to be recorded; check local recording office rules. Where recording is required, notarization plus any required witnessing is typically necessary.
Who must sign on behalf of a company?
An authorized corporate officer or agent with delegated authority must sign; include a corporate resolution or evidence of authority if the signatory is not an officer to avoid later challenge.
How do I correct an executed agreement?
Use a written amendment signed by all original parties or execute a replacement agreement; avoid unilateral edits to an executed instrument as they can create enforceability issues.
Can the agreement be revoked or canceled?
Revocation requires the mechanism contained in the agreement — such as mutual written termination or notice provisions. Absent contract terms, rescission may require agreement or court action.
Where should easement instruments be recorded?
Record in the county recorder or land records office where the property is located; recording preserves public notice and priority of rights for future buyers and lenders.

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