The Comprehensive Development Agreement (CDA) serves as a primary contracting vehicle for complex infrastructure projects in the United States, particularly where public-private partnerships are involved. This agreement type emerged from the need to structure long-term relationships between public authorities and private developers for major infrastructure initiatives. CDAs typically include detailed provisions for project delivery, risk allocation, performance standards, and long-term maintenance obligations, while ensuring compliance with federal, state, and local regulations. They are particularly suited for projects requiring significant private sector investment and expertise alongside public sector oversight.
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1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details
2. Background/Recitals: Sets out the context and purpose of the agreement, including project overview
3. Definitions: Comprehensive list of defined terms used throughout the agreement
4. Scope of Work: Detailed description of the project scope, deliverables, and requirements
5. Term and Termination: Duration of the agreement and conditions for termination
6. Payment Terms: Financial arrangements, including payment schedule and mechanisms
7. Performance Security: Requirements for bonds, guarantees, and other security instruments
8. Risk Allocation: Distribution of risks between parties
1. Change Management: Procedures for handling changes to scope or requirements - recommended for complex projects with likely changes
2. Force Majeure: Provisions for unforeseen circumstances - recommended for long-term projects with significant external risks
3. Step-in Rights: Conditions under which parties can take over project components - recommended for critical infrastructure projects
1. Technical Requirements Schedule: Detailed technical specifications and standards
2. Payment Schedule: Detailed breakdown of payment terms and milestones
3. Performance Requirements Schedule: Specific performance metrics and standards
4. Environmental Requirements Schedule: Environmental compliance and mitigation measures
5. Insurance Requirements Schedule: Required insurance coverage and limits
6. Project Schedule: Detailed timeline and milestones
7. Quality Management Plan: Quality assurance and control procedures
8. Handback Requirements Schedule: Conditions for project transfer at end of term
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