Overview
The Engineers Joint Contract Documents Committee, known by the acronym EJCDC (www.ejcdc.org), a joint venture of three associations, the American Council of Engineering Companies, the American Society of Civil Engineers, and the National Society of Professional Engineers, which produces standardized form documents for use on engineering, design, and construction projects, has based its performance and payment bond form language on that found in AIA A312 since the first issuance of A312 in 1984.
As a service and convenience to the NASBP membership, NASBP is providing complimentary access to the 2018-2019 and 2009 editions of the EJCDC bond forms listed below, which include:
2018-2019 Editions
• EJCDC C-430 Bid Bond - Penal Sum
• EJCDC C-435 Bid Bond - Damages Form
• EJCDC C-610 Performance Bond
• EJCDC C-612 Warranty Bond
• EJCDC C-615 Payment Bond
• EJCDC C-700 General Conditions
• EJCDC P-610 Performance Bond Procurement
• EJCDC P-615 Payment Bond Procurement
• EJCDC P-700 General Conditions of the Procurement Contract
2009 Editions
• EJCDC D-610 Performance Bond
• EJCDC D-615 Payment Bond
EJCDC has provided these EJCDC bond forms to NASBP and the NASBP membership as long as the individual who is downloading them agrees to terms and conditions of the license and instructions. NASBP has been providing the NASBP membership access to EJCDC bond forms since December 2010.
Articles About EJCDC Documents
As a valuable resource for its Members, Affiliates, and Associates, NASBP publishes informative articles regarding updates and additions to standard industry forms. This article appeared in Surety Bond Quarterly (SBQ) Winter 2014 magazine -EJCDC Releases First Industry Standard Form Public Private Partnership Agreement . This article appeared in SBQ Winter 2016 magazine, Guide to the 2016 EJCDC Design-build Family of Documents.
This article appeared in the SBQ Summer 2023 magazine, On Budget and On Time: EJCDC CM At-Risk documents help address increased prices and lengthened project schedules.
How to Purchase Other Related EJCDC Forms
To learn more about EJCDC or purchase other EJCDC standard form agreements and documents, visit www.ejcdc.org.
EJCDC Bond Forms Access
Access to the 11 EJCDC bond forms requires agreement to the license and instruction. NASBP Members, Affiliates, and Associates can access this by using the NASBP login and agreeing to the license on the Bond Forms Tab.
Directions to Access the EJCDC Bond Forms
• Click the grey LOG IN button on the right, using your NASBP username and password.
• This will take you to the BOND FORMS tab
• The only item available to view (not grayed out with a lock symbol) is the License Agreement.
• You must click the gray READ TERMS button, read the agreement, and click I AGREE at bottom right to proceed. If, for any reason you do not agree, please click CANCEL.
• Once you agree to the license, the License Agreement will have a green check next to it, and all bond forms should be available for download. They will have a blue check next to them.
• To download a bond form, click on the title of the bond form that you need, and then click the grey DOWNLOAD button. A Word document version of the form that you selected will appear and then you can print or save it, as needed.
• If you have any problems or questions, email kdoran@nasbp.org.
For your convenience and reference, below is the full text of the license:
Engineers Joint Contract Documents Committee (EJCDC) License Agreement
Solely for NASBP Members, Affiliates, and Associates in Good Standing
By using the EJCDC Bond Forms, you agree to and are bound by the terms of this License Agreement.
1. Read this License Agreement in its entirety. You agree to comply with and are bound by the License Agreement’s terms, conditions, and instructions when you use the attached EJCDC document. Commencement of use of the attached document indicates your acceptance of these terms, conditions, and instructions. If you do not agree to them, you should promptly return the materials to the vendor.
2. This License Agreement applies to the attached document only. Other licensing terms and instructions may apply to other EJCDC documents.
3. The Engineers Joint Contract Documents Committee ("EJCDC") provides EJCDC Design and Construction Related Documents (including but not limited to the EJCDC document that is attached, and all other documents in the EJCDC Construction Series, Engineering Series, Design-Build Series, Remediation Series, Procurement Series, and Narrative Series) and licenses their use worldwide. You assume sole responsibility for the selection of specific documents or portions thereof to achieve your intended results, and for the installation, use, and results obtained from EJCDC Design and Construction Related Documents.
4. You acknowledge that you understand that the text of the EJCDC Design and Construction Related Documents has important legal consequences and that consultation with an attorney is recommended with respect to use or modification of the text. You further acknowledge that EJCDC documents are protected by the copyright laws of the United States.
5. Make sure that you have the correct word processing software for the attached EJCDC document, which is distributed in Microsoft Word (.doc) format.
6. EJCDC allows the end user wide discretion in using and editing the attached document, subject to the provisions of the License Agreement. You are advised, however, that EJCDC documents contain numeric and other cross-references, and that changes to one part of the document may affect other parts. It is solely your responsibility to assure the adequacy and consistency of the final document for your purposes.
How to Use This Document:
1. Although EJCDC has made reasonable efforts to achieve uniformity of formatting, some document controls (e.g., bold, underline, font size, indentation, numbering, pagination, table of contents) may be affected by software versioning and translators, user settings, changes during editing, and other factors, and may require user intervention to restore intended format and appearance.
2. The term “Standard EJCDC Text” for the attached document generally refers to all text prepared by EJCDC in the main body of the document, and does not include covers, logos, footers, instructions, license agreement, copyright notices, Notes to Users, or text options. The content of document exhibits (if any) is not Standard EJCDC Text for this purpose.
2. If you do not alter the Standard EJCDC Text of the attached document, you may use it as published, with all EJCDC logos, footers, and copyright notices retained.
3. If you modify the Standard EJCDC Text of the attached document, you must follow the following instructions that address if, when, and how to show the changes to other parties.
4. During the drafting or negotiating process for the document, it is important that the two contracting parties are both aware of any changes that have been made to the Standard EJCDC Text. Thus if a draft of the document purports to be or appears to be an EJCDC document, the user must plainly show all changes to the Standard EJCDC Text, using “Track Changes” (redline/strikeout), highlighting, or other means of clearly indicating additions and deletions.
5. As between contracting parties, once the document is ready to be finalized (and if applicable executed by the contracting parties), it is no longer necessary to continue to show changes to the Standard EJCDC Text. The parties may produce a final version of the document in a format in which all changes are accepted, and the document at that point does not need to include any “Track Changes,” redline/strikeout, highlighting, or other indication of additions and deletions to the Standard EJCDC Text.
6. If the attached document is revised or altered and then presented to others (such as potential bidders, grant agencies, lenders, or sureties) as an EJCDC document, then the changes to the Standard EJCDC Text must be shown, or the third parties must receive access to a version that shows the changes.
7. The attached EJCDC document may contain “Notes to User,” bracketed comments, or prompts that provide instructions for filling in project-specific information, selecting the appropriate clause from a list of options, or making additions or deletions, or that give background information regarding a particular provision. The user may (and in most cases should) delete these notes, comments, and prompts during the drafting process. Deletion of such notes, comments, and prompts is not subject to the License Agreement requirement that additions or deletions to Standard EJCDC Text be shown clearly, and therefore does not need to be shown with “Track Changes,” redline/strikeout, highlighting, or other means of indicating changes, at any point in the drafting process.
8. The attached EJCDC document may contain exhibits that are to be used to set out project-specific provisions, such as scope of services, compensation, and insurance requirements. These exhibits are meant to be revised, supplemented, and altered by the user, or discarded if not applicable to the specific project. The text of the various exhibits is not considered Standard EJCDC Text and is not subject to the License Agreement requirement that additions or deletions to the Standard EJCDC Text be shown clearly, and therefore does not need to be shown with “Track Changes,” redline/strikeout, highlighting, or other means of indicating changes, at any point in the drafting process.
9. In a few instances the EJCDC Notes to User will instruct the user of a document to choose one of two or more text options in the main body of the document. In such cases the options that are not selected should be discarded or deleted, and not included in the final version of the document. Such discarding or deletion of text options is not subject to the License Agreement requirement that additions or deletions to Standard EJCDC Text be shown clearly, and therefore does not need to be shown with highlighting, redline/strikeout, or other means of tracking changes, at any point in the drafting process. Note, however, that the text that is selected (which in this scenario is in the main body of the document and not in an exhibit) is Standard EJCDC Text, and any revision or alteration of the text that is selected is subject to the License Agreement requirement that additions or deletions to Standard EJCDC Text be shown clearly.
10. The License Agreement typically is removed when a document is being prepared for use on a specific project. Such removal is not subject to the License Agreement requirement that additions or deletions to Standard EJCDC Text be shown clearly, and therefore does not need to be shown with highlighting, redline/strikeout, or other means of tracking changes, at any point in the drafting process. The terms of the License Agreement remain in effect regardless of whether it has been removed or remains attached to the document.
11. When a document is being prepared for use on a specific project, some users remove the EJCDC front cover page, and the “inside front cover page” containing specific information regarding the EJCDC sponsoring organizations. Such removal is not subject to the License Agreement requirement that additions or deletions to Standard EJCDC Text be shown clearly, and therefore does not need to be shown with highlighting, redline/strikeout, or other means of tracking changes, at any point in the drafting process.
12. As purchaser of the attached document, you may choose to use it as the basis or platform for creating purchaser’s own custom version. In such case you must remove all EJCDC logos, footers, and other items that might create the false impression that the document remains an EJCDC standard document, and the requirements regarding the need to show additions and deletions to the Standard EJCDC Text no longer apply. Note, however, that the copyright requirements of the License Agreement continue to apply.
13. A purchaser may choose to select clauses or sections of the attached document for inclusion in other non-EJCDC documents. When this occurs, do not use any EJCDC logos, footers, or other items that would imply that the receiving document is an EJCDC document. Note, however, that the copyright requirements of the License Agreement continue to apply.
Limited License:
As purchaser, you have a limited nonexclusive license to:
1. Use the attached EJCDC document on any number of machines owned, leased, or rented by your company or organization.
2. Use the attached EJCDC document for bona fide contractual and project purposes. Such purposes expressly include controlled distribution to bona fide bidders and proposers, either through direct transmittal in printed or electronic format or posting on a website or other electronic distribution point to which access is limited to bona fide bidders and proposers or others having direct interest in the contract or project.
3. Copy the attached EJCDC document into any machine-readable or printed form for backup or modification purposes in support of your use of the document.
You further agree:
1. To comply with all terms, conditions, and instructions in this License Agreement.
2. That all proprietary and intellectual property rights in the attached EJCDC document and all other EJCDC Design and Construction Related Documents are and shall remain the property of EJCDC and its sponsoring organizations.
3. To include the appropriate EJCDC copyright notice (selected from the versions below) on any copy, modified or finalized version, or portion of the attached EJCDC document. For this document, at a minimum one of the following EJCDC copyright notices must appear in a prominent location:
If the standard EJCDC text is not altered, then use the copyright that is already stated in the published document:
Copyright © [EJCDC document date] National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
If the standard EJCDC text has been altered, or if only portions of the EJCDC document have been used, then use the following copyright notice:
This document is a MODIFIED version of EJCDC® Z-xxx, Copyright © 20xx by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.
4. To not use, copy, modify, or transfer the attached EJCDC document or any other EJCDC Design and Construction Related Documents, or any copy, modification or merged portion, in whole or in part, except as expressly provided for in this license. Reproduction of the attached EJCDC document, or any other EJCDC Design and Construction Related Document, in printed or machine-readable format for resale, and any resale of this document in any format, are expressly prohibited. Making the attached EJCDC document or any other EJCDC Design and Construction Related Document, in whole or in part, available or accessible on an uncontrolled, public-access website or other uncontrolled electronic distribution point—in any format whatever, whether with or without watermarks, as a Microsoft Word document or in portable document format (PDF)—is expressly prohibited.
5. As an EJCDC limited licensee you may seek advance written permission from the EJCDC Copyright Administrator to use the attached EJCDC document for educational purposes, subject to terms and conditions to be established by the Copyright Administrator for the specific educational use.
Term:
This license is effective for three years after date of purchase, or six years after the last day of the year of issuance for the attached document (shown in the copyright notice), whichever occurs later, and shall terminate at that time, unless earlier terminated as provided herein, or unless EJCDC extends the term of this license to you, in writing, or publishes on the ejcdc.org website or the websites of the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, an applicable extension of the term of license for a certain period of time for bona fide contractual and project or other authorized uses. You agree upon termination to destroy the attached EJCDC Design and Construction Related Document along with all copies, modifications and merged portions in any form (except those copies already in actual project or contract use, or maintained in files or records of completed projects).
EJCDC reserves the right during the term of this agreement to provide access to the purchased document through alternative means, based on improvements or changes in technology, or to transition the document to secure document platforms or other formats, while maintaining user’s access privileges.
EJCDC from time to time publishes new, updated editions of the EJCDC Design and Construction Related Documents. EJCDC highly recommends the use of the most current editions of its documents. EJCDC may, at its sole discretion, withdraw from authorized use any document that has been subsequently updated and for which the license has expired.
You may terminate the license at any time by destroying the attached EJCDC document together with all copies, modifications and merged portions in any form (except those copies already in actual project or contract use, or maintained in files or records of completed projects). It will also terminate upon conditions set forth elsewhere in this License Agreement or if you fail to comply with any term or condition of this License Agreement.
Limited Warranty:
If EJCDC has distributed this document on a compact disc, then EJCDC warrants the CD on which this document is furnished to be free from physical defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt.
There is no other warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may also have other rights which vary from state to state.
EJCDC does not warrant that the functions contained in EJCDC Design and Construction Related Documents will meet your requirements or that the operation of EJCDC Design and Construction Related Documents will be uninterrupted or error free.
Limitations of Remedies:
EJCDC’s entire liability and your exclusive remedy shall be:
1. the replacement of the CD (if any) distributed by EJCDC, containing this document, provided such CD does not meet EJCDC's "Limited Warranty" and is returned to EJCDC’s selling agent with a copy of your receipt, or
2. if EJCDC’s selling agent is unable to deliver a replacement CD which is free of defects in materials and workmanship, you may terminate this Agreement by returning EJCDC Document and your money will be refunded.
As purchaser, you assume full responsibility for determining the suitability of this document to your purposes, and for the application and use of this document for contract or project purposes. To the fullest extent permitted by law, in no event will EJCDC, its sponsoring organizations, its committee members, attorneys, consultants, authorized vendors, or advisors, or their respective staff members, employees, agents, or contractors, be liable to you or any other party for any damages, including any lost profits, lost savings, contractual liabilities, disappointed commercial expectations, economic loss, or other direct, incidental, or consequential damages arising out of the content, unenforceability, insufficiency, inadequacy, use or inability to use the attached EJCDC document or any other EJCDC Design and Construction Related Documents, even if EJCDC has been advised of the possibility of such damages, or for any claim by any other party.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so portions of the above limitation or exclusion may not apply to you.
General:
You may not sublicense, assign, or transfer this license except as expressly provided in this License Agreement. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void. If you transfer or purport to transfer such rights, duties, or obligations to another party, your license is automatically terminated.
This License Agreement shall be governed by the laws of the State of Virginia. If you have any questions concerning this License Agreement, or any requests or inquiries regarding the EJCDC copyright, you may contact EJCDC by writing to:
EJCDC Copyright Administrator
c/o National Society of Professional Engineers
1420 King Street
Alexandria, VA 22314
Phone: (888) 285-NSPE (6773)
Email:info@ejcdc.org
You acknowledge that you have read this License Agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the License Agreement and supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this License Agreement.
Information regarding the content of the attached EJCDC document and other EJCDC Design and Construction Related Documents may be obtained at ejcdc.org or from the following EJCDC sponsoring organizations:
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
(888) 285-NSPE (6773)
www.nspe.org
American Council of Engineering Companies
1400 L St. N.W., Washington, D.C. 20005
(202) 682-4330
www.acec.org
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
(703) 295-6300
www.asce.org
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