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.
A CFA may include:
Several categories of infrastructure to include water, sanitary sewer, paving, drainage, street lights, signs and traffic signals. 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, escrow pledge or completion agreement in an amount sufficient to guarantee project completion, as required by policy;
- Fees – Payment for city services to include application, construction inspection, materials testing and water lab fees.
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.
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 feel free to contact CFA staff for any questions.
To apply for a CFA application, follow the steps below:
Step 1. Application
Download the CFA Application Form(PDF, 379KB), then upload the completed application form and the submittal package to the Accela Citizen Portal. Click HERE to register for Accela Citizen.
Items needed for application acceptance:
- Completed Application (to include cost estimates)
- Signature Authority documentation
- Payment of the application fee in the amount of $2,230.00
Note: We will began drafting the agreement once the submittal has been accepted, and we have the approved Inspection Fees and Material Testing worksheet, Improvement exhibit(s), and the signed bid proposal(s). Notification is sent to the Contract Management Office staff once those above items are uploaded into the IPRC record in Accela.
Step 2. Drafting
The Contract Management Office staff will send the following to the applicant:
- CFA draft for review and approval by the developer
- Invoice for material testing, inspection, and lab fees to be paid
- Request for the financial guarantee
Step 3. Routing
Once all items above are received, staff will route the CFA electronically for approval and signatures in the following order:
- Legal approval
- Consultant approval
- Developer signature
- Contract Compliance Specialist signature
- Contract Compliance Manager signature
- Legal signature
- City Manager’s Office signature
- City Secretary signature
- Contract number assignment and filing
Step 4. Execution
The Contract Management Office executes the agreement once it has been signed and approved the private parties and City officials listed above.
Step 5. Notice of Completion (i.e. Green Sheet)
Notice of Construction Completion (i.e. Green Sheet) will be routed and executed by the Construction Office after the final inspection of the project. The Developer may be required to pay any outstanding CFA fees before the project can proceed to green sheet.
Step 6. Reconciliation and Close Out
Upon receipt of the Green Sheet(s), Contract Management Office staff will reconcile the final material testing, inspection and lab costs to determine if additional fees are due from the developer, or if a refund is due from the City.
The following items are needed to reconcile the project:
- Final lien waiver(s) for each contractor that signed the Green Sheet(s). See the final lien waiver template HERE(DOC, 68KB)
- Payment of any additional fees due (if applicable)
- Confirmation of the developer’s address for any refunds due (if applicable)
- Bidder Registration for projects with City Participation
Once the Contract Management Office has received the final lien waiver(s) and additional payment (if applicable), the CFA financial guarantee will be released, refund requests (if applicable) will be submitted, and the project will be closed.
Please contact Development Coordination/Contract Management