Utility & Contractor Agreement
Utility & Contractor Agreement
_________________________, referred to as UTILITY, and ______________________, referred to as CONTRACTOR, agree:
CONTRACTOR will perform the construction of new power lines, maintenance of new and existing power lines as directed by UTILITY, both above and below ground for UTILITY in the following areas:
____________________________________________ commencing on ___________________ and terminating on ___________________. UTILITY shall from time to time provide directions to CONTRACTOR as to what services shall be provided. Such directions shall include times for completion. Unless CONTRACTOR objects in writing within ________ days after receipt of plans as to the proposed time for completion, the time specified by the UTILITY shall control. In the event of a dispute the parties shall meet and in good faith set a time for completion.In any case, CONTRACTOR shall diligently and expeditiously complete the work, which is assigned. Neither party to this agreement shall be liable to the other for any loss, damages or delay which is a result of factors beyond the reasonable control of the party such as: inclement weather, which within the trade is considered to be too hazardous for work; strikes, civil insurrection, which list is not exclusive, but is illustrative.
CONTRACTOR is not assured by this agreement of any particular level of work by UTILITY. Unless specifically provided for herein, this agreement is non-exclusive.
________________ shall furnish all materials for construction and maintenance of the utilities to the CONTRACTOR.
CONTRACTOR will complete the work in strict accordance with the plans provided. Such work shall conform to the standards and practices in general and accepted usage in the electrical utility industry, and further, in accordance with any applicable laws or regulations.
CONTRACTOR will indemnify and hold harmless UTILITY from any and all claims and damages related to its performance of this agreement. CONTRACTOR shall at all times maintain policies of public liability insurance and, statutory worker’s compensation. CONTRACTOR shall provide copies of such policies to the UTILITY.
Upon request CONTRACTOR shall secure bonds, which shall indemnify COMPANY from any claims of mechanic’s, materialmen, or worker’s liens and claims. The premium for the same shall be reimbursed by the UTILITY to CONTRACTOR upon satisfactory completion of work.
As to each job, CONTRACTOR shall provide an affidavit to the UTILITY upon completion certifying either that:
all materialmen, mechanics, workmen and any others who are entitled to file mechanic’s or other liens have been paid in full, or,
that certain materialmen, mechanics, workmen and others who are entitled to file mechanic’s or other liens have not been fully paid and the identities of the lienor.Payment shall be in accordance with the schedule attached hereto.
This agreement creates a relationship solely of contractor and independent contractor.
Dated: __________________
___________________________________________
_________________________ By Utility
___________________________________________
______________________ By Contractor
Utility & Contractor Agreement
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. A utility and contractor agreement is important when working with or around utilities such as in road, driveway, septic, and other construction projects. Be sure to have one in place, especially if you are the home, office, or real estate owner involved.
1. Make multiple copies. Give one to each signer and to the real estate owner as well.
Frequently Asked Questions
What is a Utility & Contractor Agreement?
A Utility & Contractor Agreement is a contract between a utility company and a contractor. In this agreement, the contractor agrees to perform construction of new power lines and maintenance of new and existing power lines, both above and below ground, as directed by the utility. The agreement specifies the areas where the work will be performed and the start and termination dates.
What types of work does the contractor perform under this agreement?
The contractor performs construction of new power lines and maintenance of new and existing power lines. This work includes both above-ground and below-ground power lines. The contractor does this work as directed by the utility.
How does the utility direct the contractor's work?
The utility provides directions to the contractor from time to time regarding what services shall be provided. These directions include times for completion of the work. The contractor must follow these directions unless it objects in writing within a specified number of days after receiving the plans.
What happens if the contractor disagrees with the completion time set by the utility?
If the contractor objects in writing within the specified number of days after receipt of plans, the time specified by the utility shall not control. In the event of a dispute, the parties shall meet and in good faith set a time for completion. If the contractor does not object in writing within that period, the time specified by the utility shall control.
What are the contractor's obligations regarding timely completion?
The contractor must diligently and expeditiously complete the work assigned. This obligation applies regardless of any dispute over completion times. The contractor is expected to proceed with the work promptly.
What happens if there is a delay caused by factors beyond the parties' control?
Neither party shall be liable to the other for any loss, damages, or delay that results from factors beyond the reasonable control of the party. Examples include inclement weather, which within the trade is considered a force majeure event. This means that if such factors cause a delay, the affected party is not held responsible.
What areas are covered by this agreement?
The agreement covers the specific areas listed in the blank provided in the contract. The contractor will perform work in those designated areas. The areas are agreed upon by the utility and the contractor.
What is the term of this agreement?
The agreement commences on a specified start date and terminates on a specified end date. These dates are filled in the blanks in the contract. The term defines the period during which the contractor will perform work.
Can the contractor object to the utility's directions?
Yes, the contractor can object in writing within a specified number of days after receipt of plans as to the proposed time for completion. If the contractor objects, the time specified by the utility shall not control. Instead, the parties shall meet and in good faith set a time for completion.
What is the process for resolving disputes over completion times?
If a dispute arises over completion times, the parties shall meet and in good faith set a time for completion. This meeting is required if the contractor objects in writing to the utility's proposed time. The goal is to reach a mutually agreeable completion time.
Amazing sample template, as always!
Amazing blank template , I really do love it !!!!!
i really look forward to your template
Amazing ! I love how its has been written
looks great! Going to print it today
Omg don’t tell me this is for free.
Thank you so much for doing this it really helps alot
Very well written template…Thank you!
Going to used this form today.Thanks
The printable form itself is as impressive as you can get to paid one.