Community Facilities Agreement (CFA)

A community facilities agreement (CFA) is a contract between the city and a developer that is required whenever the construction of public infrastructure is funded entirely or in part by a private developer. It ensures that new development is adequately served by public infrastructure and that the infrastructure improvements are constructed according to city standards.

For additional information about CFA application submittals, contact Evelyn Roberts, 817-392-2025. For additional information regarding CFA Closeouts, Reconciliations and Green Sheets, contact Nathan Benson at 817-392-2053.

Include

A CFA may include

Several categories of infrastructure, including streets, sidewalks, street lights, street name signs, traffic signals, storm drainage, water and sanitary sewer. The CFA consists of three parts:

  • Contract – The agreement and corresponding exhibits and cost estimates describing the infrastructure improvements to be constructed or funded;
  • Financial guarantee - A bond, letter of credit, cash escrow or completion agreement in an amount sufficient to guarantee project completion, as required by policy;
  • Fees - Payment for city services, including contract administration, construction-inspection, materials testing and installation of street lights, street name signs and/or traffic signals, as applicable.

The content of a CFA should correspond to the civil construction plans under review by the city's Infrastructure Plan Review Center (IPRC) and must be executed before the associated plat can be filed.

Process

A CFA typically corresponds to both the final plat and the corresponding civil construction plans. The process outline that follows applies to such a project. Please contact the CFA staff to inquire about the process for (a) projects with a previously-recorded final plat; (b) projects for which infrastructure improvements are being funded but none are being constructed; or (c) ISD projects.

Step 1.Completed CFA Application

Completed CFA application(PDF, 330KB) and submittal documents are provided to the CFA office.

Step 2.Routed 

The CFA Application is routed by the CFA office to the City Manager’s Office for review and approval.

Step 3.Uploaded

CFA Exhibit(s) and Bid Proposal(s) are uploaded to Accela Automation by the applicant and received, reviewed and approved by the project manager.

Step 4.Notification

Notification is sent to CFA staff once final exhibit(s) and bid proposal(s) are uploaded into the project folder in Accela Automation.

Step 5.Confirmation 

Confirmation of bid proposal(s) will be sent to the applicant from the CFA office. If there is a balance due, this will be collected prior to agreement draft.

Step 6.Signatures

The CFA office routes e-CFA Agreement for approval and/or signatures as follows:

  • Consultant approval
  • Signatory as signer
  • CFA office as signer
  • CFA office manager as signer
  • Legal as signer
  • City Manager Office as signer
  • City Secretary as signer

Step 7.Executes

The CFA office executes agreement once returned electronically from the officials listed above.

Step 8.Letter of Acceptance 

Letter of Acceptance / Green Sheet - upon final inspection, materials testing and inspection fee amounts will be reconciled using the actual construction cost (contract cost plus change orders). Should the fee amounts increase, the additional monies must be received prior to the issuance of the City’s Letter of Acceptance.

Step 9.Final Lien Waiver

Submittal of final lien waiver attesting that they have been paid in full by the developer and releasing the developer, and the city of all future claims. Refunds - are issued to the entity paying the fees; to receive a refund or reimbursement requires registering as a vendor. Instructions for registering

Step 10.Final Guarantee

Financial Guarantee - is released upon receipt of any fees due, contractor’s lien release and signed final pay sheets from the city’s construction office. The CFA office releases hold on plat(s).

Questions?

Contact Evelyn Roberts at (817) 392-2025 or Jennifer Ezernack at (817) 392-2737.