Newport commissioners authorize $7.5 million park agreement with private developer

The Newport Board of Commissioners on Aug. 18 authorized Mayor Thomas L. Cadulli Jr. to execute a professional services agreement with SquareFlex Development and Construction Management LLC (referred to in the discussion as “Corporates”) to manage the design and construction of improvements at James Taylor Park using a $7.5 million state grant.

The vote came after more than an hour of staff presentations and public comment on the park master plan and construction controls. City staff said the agreement makes the developer the construction manager but does not transfer ownership of the park. "This did not give the park away," a city official told the commission. "This simply is Corporates building the park for a fee." The motion passed on a unanimous roll call vote.

Why it matters: The project will reshape the city riverfront and ties together an earlier state grant the city was awarded. City managers and the park committee said the design process included months of public engagement, the National Park Service, local business owners and volunteer residents. Park committee members said the plans reflect community priorities for pedestrian access, riverfront overlooks and passive park spaces.

City presentation and public engagement: City staff and consultants reviewed 3-D renderings, a site plan and a schedule of values that officials said will align with monthly construction draw requests. Josh Tunning, municipal specialist for the City of Newport, described the committee’s outreach: the group met biweekly from March through June, held an open house attended by more than 100 people, and worked with Hub & Weber Architects and representatives from the National Park Service to refine plans. "The plans that we came up with today for James Taylor Park and Festival Park really represent what our community, our residents, our local business owners want to see on our riverfront," Tunning said.

Scope, procurement and budget controls: Staff said the contract follows a 2006 master development provision that allows the developer to act as construction manager for this project when the city elects to renovate the park. Officials emphasized the contract requires compliance with Kentucky procurement and construction rules and contains checks and balances tied to the $7.5 million grant. "We have to follow state procurement laws; this doesn't just give them the right to spend the $7.5 million grant," a city official said. Officials described a review process for monthly draws that will include finance, the city manager’s office and building officials; the city said invoices will be supported by subcontractor billing and design professional certification of percent-complete.

Concerns and clarifications: Commissioners and residents pressed for final, bid-level drawings and line-item cost estimates before large disbursements. One commissioner asked that the city see "final drawings first" and receive hard bids and cost estimates for key components such as public art. Staff and the developer said the plan is to obtain hard bids, align them with a schedule of values and return to the commission before major payments are disbursed. Staff also said the agreement contains a not-to-exceed clause and that an updated, refined budget had been prepared with a local general contractor.

Access and environmental issues: Discussion addressed bridge-construction logistics and river access. Kentucky Transportation Cabinet (KYTC) representatives indicated they will barge much of the bridge construction equipment rather than access the site through the park, which staff said will help the park schedule. Commissioners also discussed possible additional pedestrian access or a breach in the flood wall south of the Fourth Street Bridge; the developer said it would investigate conversations with the U.S. Army Corps of Engineers and KYTC. City staff noted applications to the Corps of Engineers have already been submitted for structures in the park.

Wildlife and community uses: Commissioners and residents raised concerns about feral cats that congregate in the park and about kayak launch locations. Staff said they are working on humane relocation options for cats that could be affected by construction and are coordinating with the developer on possible kayak access and placement of playground equipment across the riverfront projects.

Public comment and partners: Multiple residents and park committee volunteers spoke in favor of the project and described volunteer participation. Charlie Wood noted the Cincinnati Junior Rowing Club’s presence and thanked the city and KYTC for coordinating with the rowing organizations. Park committee members and small-business representatives were listed as active participants in the design process.

Outcome and next steps: The commission approved the order authorizing the mayor to execute the professional services agreement and directed staff to continue procurement and budgeting steps that will require return to the commission with final bid packages and draw requests tied to detailed schedules of values. Staff said they will continue coordination with the Corps of Engineers and KYTC on access and permitting.

Ending: City staff said construction will proceed to the bidding phase now that the contract authorization is approved, and the commission signaled support for further public engagement and oversight as detailed drawings and bids are produced.