OVC FY25 Tribal Victim Services Set-Aside Formula Program: Considerations for a Construction Project

KYLE ISMAIL: Hello, everyone, and welcome to today's webinar on considerations for construction projects under the Tribal Victim Services Set-Aside program, which we refer to as TVSSA moving forward. My name is Kyle Ismail, and I'm one of the grant managers in OVC's Tribal Division and one of the leads for our construction initiatives. I'll be one of our presenters along with my colleague Shari Holloway during today's webinar. 

After our presentation, you'll hear from OVC contractors that provide assistance to you on your construction projects. And these presenters will be Gustavo Rubio, he's the managing director of Clark Group, which is our NEPA, National Environmental Policy Act, Compliance Contractor, and Meghan Rhodus, Project Director at Blue Trident who provides construction project management technical assistance. During my presentation, I'll provide an overview of construction under TVSSA. I will provide some tips for planning your projects, reviewing budget considerations, we'll go over some frequently asked questions we've received about construction, and then open the floor for your questions. Before we get started with the presentation, I would like to start with a polling question so I know who's participating with us today. 

You should see this question on your screen. Victim Service Managers or staff, Construction Managers, Directors or staff, Tribal Administrator or a similar leadership position, Planning, Economic Development Director, or similar role, public works or other? Okay, so we have a good mix. No surprise that we have a large number of staff. We don't have any Construction Management staff, but we have Tribal Leadership and other roles. So thank you all for sharing that. 

By now I'm sure that most of you are familiar with TVSSA, and you are either a current grantee or you've attended at least one of the other pre-application webinars we've held about this program. So I won't spend too much time on an overview of the TVSSA program in general. However, I just want to highlight that it started in 2018 and funding under this program can be used to support a range of comprehensive services for victims of all crimes and all ages. 

Under TVSSA, we're now permitted to fund construction projects that are a reasonable and necessary part of a victim service program. You shared with us for many years that there is a shortage of housing in Tribal communities and you often don't have a place to house victims in need. Many of your communities also lack office space needed for newly hired staff under your new or expanding victim services program. So we've expanded the allowability of TVSSA grant funds to be used to meet this need. I want to emphasize that victim services must be the driver for construction projects under TVSSA. Any construction projects under TVSSA must be justified as a reasonable and necessary expense of a victim services program. 

Typically, funds must be used for construction or facilities, for services, or to administer the program are not otherwise reasonably available in your jurisdiction and a lack of facilities would impede the provision of services. I'll start with a general overview of allowable construction costs under TVSSA. Everything that I will cover on the slide is detailed in the FY 2025 TVSSA Budget Guidance Chart under Section F. For construction, allowable construction costs include the purchase, set up, installation costs associated with modular or other prefabricated buildings. There are many terms used to describe these buildings including trailer homes, mobile homes, manufactured homes, et cetera. All of those items would be included under construction. When I say site preparation, set up, and installation costs, this can include the cost of demolishing existing structures, clearing land, moving earth, pouring foundations, installing new utility systems, and attaching these buildings to the ground. Major renovations are also allowable and include things like expanding the square footage of a building that already exist, renovations that require additional utility systems to be installed, or renovation to an existing facility where all or most interior walls are demolished along with ceilings and floor coverings and where the HVAC, plumbing, and electrical systems are reconfigured. 

So what is sometimes referred to in colloquial terms as a gut job would be considered major renovation. You can also use TVSSA funds for minor renovations or remodeling. The activities must include updates to existing structures that do not change the overall purpose or function of the structure, capacity, or systems already in place, which include things like repairs or updates from normal use, repairing existing interior walls, replacing windows and doors, replacing the flooring inside of a building, et cetera.

However, we've historically not considered this to be construction for OVC grants. Those of you that have received OVC funds for a while probably know that minor renovations have always been allowable under TVSSA and continue to be. We can use TVSSA grant funds to construct things like sidewalks, parking areas, driveways, and access to roads necessary to provide access to the victim services facility. And finally, traditional new construction also commonly referred to a stick build or from-the-ground-up construction, is permissible when it is more cost effective than a prefabricated building or renovation of an existing building. 

There are some very rare cases where we might approve this type of construction, but only if you can determine that it is more cost effective than renovating existing building or purchasing and installing of a modular or other prefabricated building. There are special considerations in extreme weather topography, for example, which might make a stick build or a new construction the more practical or long term, more cost-effective alternative and these will be considered on a case-by-case basis. In cases where you wanted to do a stick build construction project, you would need to do your research and find cost estimates to document that a stick build or ground-up construction project is more cost effective. 

In addition, after your grant is awarded and accepted, you'll need to work with OVC's construction training and technical assistance contractor, Blue Trident, to review your documentation. Any grantees doing construction are required to work with this TTA provider to ensure that your project meets OVC standards and includes all the components necessary for successful construction or renovation project. In many cases, our construction TTA providers have assisted grantees in finding modular manufacturers and other vendors when the grantees thought there were no options available. Now, we'll talk about unallowable construction costs. 

The only construction cost that is expressly prohibited in all scenarios is purchasing real property. The DOJ Grants Financial Guide clearly prohibits using grant funds for land acquisition. In addition, the '25 TVSSA construction unallowable cost specifically says that the purchase that purchasing real property is an unallowable expense under TVSSA. Therefore, you would not be able to use our funds to purchase land or an existing building affixed to land for use as a victim service facility. We are not able to make exceptions to this policy at this time, even if it appears to be more cost effective than other options. So we're going to move on to another polling question. What kind of construction renovation project does your Tribe plan to do using the TVSSA funds? Purchase, set up, and instillation of modular, major renovation, minor renovation, traditional new construction. or stick build, or other? Oh, a good portion of folks are not sure and are still mulling this over. 

And that that's what we have our contractors for and have plenty opportunity to consult and think through that process. So we'll discuss planning your construction renovation projects and preparing your documents. First thing I would like to emphasize is that all grant-funded construction and renovation projects are required to comply with the National Environmental Policy Act known as NEPA. Prior to funding, authorizing, or implementing an action, including awarding grants, federal agencies, including OVC, are required to consider the effects that proposed action may have on environment and any other related socio-economic effects. OVC has hired a contractor that will guide you through this process and work with you to ensure your project complies with NEPA and any related environmental laws. 

That contractor is the Clark Group, and you will hear from them a bit later in this webinar. As you are planning for your construction or renovation project, there are a few things to keep in mind. The first is you're strongly advised to select a project period of at least 3 years. A project period of 3 years or more allows the time needed for our environmental review under NEPA, procurement, and other internal processes, and the time needed for actual construction, renovation, or installation of modular or other prefabricated buildings. 

Projects involving major renovations, modular buildings, or traditional new construction typically require a more detailed environmental review than those doing minor renovations that only affect the inside of an existing building. Your first step in helping us to expedite this process is completing the required Construction and Renovation Efforts Questionnaire with as much detail as possible. We'll discuss that questionnaire in just a few moments. You should plan for the environmental review of your construction project to take approximately 1 year if you are doing anything other than minor renovations. 

In other words, if you'll be doing a major renovation, expansion, installing a modular building, or we're doing a traditional new construction, you should plan for the environmental review process to take an entire year. Again, the time needed for environmental review, procurement, and other internal processes, and the time needed for actual construction, renovation, and installation of your modular, or your new construction - we strongly recommend a project period of 3 years minimum. Also keep in mind that completion of the deeper environmental review process is required before you can actually begin construction or renovation activities. 

As you're thinking about your construction and renovation projects, you should have conversations with the right people. It's extremely important. Include them in the submission process where possible. And this might include your Tribal construction managers, Tribal administrator and leadership, planning, and the economic development department, or public works, or equivalent. And secure internal approvals needed before you submit your application. Very key part. All applicants proposing to use TVSSA funds for renovation or construction activities, no matter the scale, including purchase, installation, and site preparation for modular buildings, mobile homes, trailer homes, and other prefabricated structures must complete and upload the separate TVSSA Construction and Renovation Efforts Questionnaire in addition to written proposal narrative or checklist. For applicants that elect to schedule an interview with OVC staff, an OVC staff member will complete the questionnaire during the interview. 

For guidance on the expenses and activities associated with minor renovations, major renovations, and construction, please see the allowable and unallowable cost chart. A link to both the questionnaire and unallowable and allowable cost chart will be placed in the chat. When completing the questionnaire, please be as thorough as possible in your responses. We just talked about including staff from other relevant departments related to construction and your planning. You'll most likely need to work with them to complete the questionnaire. 

Those individuals will vary based on your own Tribe or organization. But as I mentioned on the previous slide, it could include your Tribe's construction manager if you have one, Tribal administrator, Planning and Economic Development Department, or Public Works department. The Construction and Renovation Efforts Questionnaire asks you several questions about your project, including who the primary grant point of contact and construction point of contact will be, the site or location of your project, very important, the purpose of the construction or renovation activities, and how the building will be used. It also asks for environmental information about the site, including proximity to wetlands and other water bodies, whether the site has a history of flooding, and if there are any known hazards, or hazardous materials on the site.

As stated previously, please be as thorough as possible in your responses. Our NEPA and construction TA providers also available to provide one-on-one assistance with completing this questionnaire. Information on how to set up a one-on-one TA session will be provided at the end of my presentation. All these documents, except the price estimates, are mentioned in the construction questionnaire, and that questionnaire prompts you to attach them as applicable. And, again, it notes preliminary site plans and designs, project delivery plans, documentation of building, and inspections, and so on. 

Next, I'd like to briefly highlight the DOJ Modular Building Requirements, which are the same requirements used by our sister agency, BJA, the Bureau of Justice Assistance, who funds construction projects for Tribes under CTAS, Purpose Area 4. For modular building requirements, you can find the document at this link. I think that's going to be shared in the chat if it hasn't already been shared. Review and consider the requirements as you are researching prices and developing your budget. After your grant is awarded, the OVC-funded construction contractor will assist you with ensuring your plans meet these requirements. 

So we’re going to transition over to discuss budget considerations for your project, and to do so, I will pass the baton over to my colleague, Shari Holloway. 

SHARI HOLLOWAY: Thank you, Kyle. And good morning to those who are in Alaska and on Pacific Time Zone. And for those who are Mountain, and Eastern, and Central Time Zone, good afternoon. My name is Shari Holloway for OVC. And today I'm going to talk about some different considerations for your budget when you are doing your construction project. The first construction category you should think about when you're doing your expenses is to consider those related to general project management and those noted on the screen. And this will include inflation costs that occur in the years following your grant application. 

Many of you will get quotes from modular buildings and other construction costs based on the 2025 prices. However, as you recall from earlier in this presentation, the environmental review process under NEPA can take up to 1 year to complete. So we all know that inflation has been a major problem over the last few years and especially related to construction projects and building material. So I strongly recommend that, even with any cost estimates you get now, and knowing that the project won't start for another year, you should budget for cost increase related to inflation. 

The inflation rate for construction is estimated to be between 5% and 12% per year based on the data that we found within the last few years, and the pandemic contributed to some of the higher rates we've seen, but we can't predict how much it would be moving forward. So hopefully, the range provided can assist you with your planning. For other project management cost considerations it is recommended that you hire a Tribal construction manager. Start considering architectural and engineering design costs. Look at the geotechnical testing reports that involve evaluating the physical and mechanical properties of soil, rock, and groundwater at a construction site. Consider the boundary surveys that plot out the boundary lines of a partial land, and that will give you specific information about where the property ends and begins. 

Look at the typographic surveys that will provide informational structures of the land. Consider the special cost material, construction inspections and testing. Consider a contingency fund for modifications or additions to the original scope. This will serve as, like, a buffer to cover unexpected costs such as design changes, material price increases, which I just mentioned before, and unforeseen site conditions. Consider the Tribal employment rights ordinance fee tax. Most Tribes impose a TERO fee on all employees doing business on reservations, and these fees are collected by the TERO, and they're used to finance operational costs and program services. 

Many of you are located in areas where winters are long and harsh. In many cases you can't do construction for several months or even up to a year, so you should consider any increased costs associated with the winter months or other weather-related delays. Some costs that you want to consider related to the actual project site is to include the proximity of the site location to the wetlands, mitigation measures for site damage problems, offset or onset utility and connections, and the material that you're going to use for surface roads and parking, gravel/ asphalt versus concrete.

I just had a grant recipient who had a price last year for asphalt and within the last year or so, the asphalt price has went up over up to over $300 from the original cost. So make sure you take that into consideration when you're looking at the different prices that you may have got from the previous year. As you are thinking about costs that I just covered, you might want to wonder how to account for them in your budget. Well, take in consideration the expenses for your construction project, your procurement contracts, or other expenses categories that you have to complete. When completing your budget, please remember that the modular building, mobile manufactured homes, trailer homes, et cetera, must go under the construction category and not the equipment category on your budget narrative. 

When in doubt about where to categorize an expense for your construction project, put it in a construction category or speak with your grant manager, or you can speak with OVC's Tribal Financial Management Center, TFMC, and TFMC is available to assist you as you prepare your overall TVSSA grant budget. And Blue Trident, who will be speaking shortly, is available to assist specifically with construction budgeting. You can work with them to develop your TVSSA construction budget. 

So there are some questions that some of the grant recipients asked in the past, and we are just going to kind of go back over some of those questions and kind of reflect on what Kyle mentioned earlier when he was presenting. So one of the questions are, "We are interested in the construction component. Can funds be used to build a domestic violence shelter or temporary shelter to serve victims or other crimes?" Traditionally, new construction, commonly referred to as a stick build or from-the-ground-up construction, is generally unallowable except in rare cases where grantees can show that it is more cost effective than a modular or other prefabricated building. There are special conditions for extreme weather, for example, which might make stick build a more practical or long-term, more cost effective alternative. 

And these will be considered on a case-by-case basis. TVSSA funds can be used to purchase, set up, and install modular or prefabricated buildings to be used as a domestic violence shelter or shelter to serve victims of other crimes. 

Another question is, "Can we use TVSSA funds to purchase a used modular unit?" Technically, yes. However you are strongly advised not to. Depending on the age of the used modular unit, you might have to pay to mitigate issues with lead, asbestos, or other problems typically in older structures. If possible, purchase a new modular unit or other prefabricated structures. 

Another question is, "Can we buy a property to renovate it?" No, TVSSA funds cannot be used to purchase real property, land, or existing buildings affixed to land. However, if you use Tribal or other non-OVC grant funds to purchase a property, you can use TVSSA funds to renovate it for the use of a victim service facility. 

Another question. "The modular building we currently use as a victim service facility is surrounded by mud. Can we use TVSSA funds to construct concrete walkways, sidewalks, and parking lots for use by our program staff and clients?" Yes, TVSSA funds can be used for this purpose. Also to build driveways access roads, not part or directly connected to the victim service facility, but necessary to provide access to the building. Also, you can use the funds for fencing outside of or surrounding victim service facilities.

Another question. "The cost to ship modular buildings to Alaska is extremely high. For Tribes in Alaska that want to use funds for a shelter or other victim service facility, what is our process to show that a stick build is more cost effective?" 

You should take the time to research your options. Get multiple, multiple estimates for modular prefabricated buildings cost versus the cost of stick build construction. Submit those estimates with your application. Talk with your OVC grant manager. Also keep in mind that post-award, you will work with the OVC construction TTA provider to review your estimates and explore all options before OVC will approve you to do a stick build. 

Another question is: "If there is an existing structure on the identified land where a modular would be put, is demolition of the structure allowable?" Yes, demolition is allowable construction-related expense under the TVSSA. Again, please consider the cost of your project. 

"If we build a new multipurpose building, can we use these funds for a portion of the building construction for adequate space to house our victim services?" It depends. So please email [email protected] with your questions so we can have a detailed discussion about this project. Please be prepared to answer questions whether the building is traditional new construction, for example, a stick build or ground-up project, versus a modular building, whether you already have funding to cover the entire construction project, or whether plan to use TVSSA funds for areas shared with non-victim service program components. 

"Are there special rules or reporting requirements for grant funded construction activities?" Of course there is. There are a variety of specific rules for grant related constructions. See the 2 CFR 200.311, Real Property, the 2 CFR 200.318 through 326, Procurement, and 2 CFR 200.329 Real Property Reporting. And awards with this activity will have several conditions addressing these. Other cross cutting laws, like the National Environmental Policy Act, NEPA, and the National Historic Preservation Act will also apply. 

OVC provides TTA support to Tribes to aid you in being in compliance with these requirements. So again, if you want to know about the special rules, please, OVC will provide TTA support to assist you with all grant funding construction activities. When it comes to special rules or reporting requirements. "I need help completing a construction questionnaire and understanding the general NEPA and construction processes. Is there someone available to assist?" Of course, again. There is. 

OVC has two contractors to assist you. The Clark Group will help ensure OVC-funded projects are compliant with NEPA. They will complete any required environmental analysis on your behalf. Blue Trident assists with construction project management tasks, such as construction budgeting, development of construction project timelines, and creation of construction-related procurement documents. Both services are available to you - Guess what? Free of charge. And you will hear from them during this webinar. 

So here's some things to consider, some little tips when you're completing your construction project in your budget. Select a project period for at least 3 years, 36 months. Victim services must be the primary purpose for construction projects funded by TVSSA. Review the FY '25 TVSSA Budget Guidance Chart, Section F, Construction. Review DOJ Grants Financial Guide, Section 3.8 for Construction Allowable and Unallowable Costs. Complete the Construction and Renovation Efforts Questionnaire that Kyle discussed in his previous presentation. 

All construction renovation projects are required to comply with the National Environmental Policy Act, NEPA, that will be discussed next. Again, review your budget for construction costs increases related to inflation, material, and contractors. You can request individualized assistance with your construction questionnaire, guidance on the NEPA process, and NEPA considerations for individual projects and assistance with construction project budgeting. 

Also a reminder that when proposing to use grant funds for any construction activity, you should expect additional documentation and review requirements. They will apply. If you have additional questions, you can email again, [email protected], or you can contact your grant manager. You can submit your questions in the pod on the screen, or you can request individualized assistance with your construction questionnaire, guidance on NEPA process, and NEPA considerations for individual projects. 

And assistance with construction projects budgeting. Please contact both the TA providers below by email or by phone. You can contact Danielle Ward from the Clark Group. Her email is Danielle, D-A-N-I-E-L-L-E, Ward, W-A-R-D, @clarkgroupllc.com or by phone at 801-613-8011, or Meghan Rhodus from Blue Trident. Her email is Meghan, M-E-G-H-A-N, dot Rhodus, R-H-O-D-U-S @bluetrident.com or by phone at 619-847-0370. Or you can email [email protected] or speak with your OVC grant manager if you have questions about specifics of your planned construction project and questions about allowable and unallowable construction renovation costs. Now, I will turn it over to Gustavo Rubio, who's the managing director of the Clark Group. Thank you. 

GUSTAVO RUBIO: Thank you, Ms. Holloway. My name is Gustavo Rubio, and I am a Managing Director for the Clark Group. I've been working with the Clark Group for around 3 years and have been supporting OVC grantees throughout that time period to complete their environmental compliance requirements. Before I talk about the specific activities that we do in support of OVC grantees, I just first want to give you a brief introduction about ourselves. So the Clark Group is a woman-owned small business who's been around for 24 years, and over the last 5 years we have been supporting OVC. 

We have 15 staff members that are currently supporting OVC grantees. Our office locations are in Montpelier, Vermont, and Washington, DC. If you want to know more information about us or our staff members, you can visit our website. And if you have any follow up questions, you can certainly email us at our info email address or call us at the number listed below. Next slide. So as a small business, we have multiple capabilities. This slide basically presents all the types of work that we do, but primarily for OVC, we are providing environmental planning and compliance report. 

So those services entail environmental compliance and permitting, public comment solicitation, organization, and adjudication, environmental program and agency efficiency reviews, and cultural resources services. So these two slides basically give you a very broad overview of the type of company I guess that we are. And then the next slides I'm going to detail about the services that we provide to OVC. 

So primarily we are supporting OVC with National Environmental Policy Act and related environmental and historic reservation compliance requirements for individual grant products. And our support includes outreach and technical assistance to grantees in processing NEPA compliance for individual grant projects, development of project-specific environmental assessments, and coordination of Endangered Species Act and National Historic Preservation Act consultations. 

So this is very generally the type of support that we are currently providing to OVC grantees. And now during the next slides, I'm going to go into detail, first providing a broad overview of what is NEPA, and then talking about the differences between the two environmental compliance processes that we engage on, which are either a categorical solution or an environmental assessment process. Then talking about the roles and responsibilities, and then going into detail about each of the two NEPA processes. 

One item that it is very important is that OVC needs to make its own environmental determination, even if a grantees project is partially funded by another federal agency and that other federal agency has already made a determination for the project. We can certainly accept the other environmental documentation that was developed by the federal agency, and leverage that information for the documentation that we developed for OVC. Next slide. 

So very briefly, brief overview of the National Environmental Policy Act. It requires federal agencies to evaluate the environmental effects of their actions prior to making a decision, basically prior to beginning construction and informing the public about the decision making. NEPA applies to all federal actions, including actions that are funded by federal agencies such as grant projects. 

Then, I'm going to repeat this message in multiple places throughout those next couple of slides. And that is that finalizing the scope of the grant prior to initiating the NEPA compliance process helps prevent delays. So basically, we cannot initiate the NEPA process until we have a well-defined project scope. And that is also true for establishing a project site as well. Without that information, we really wouldn't know what to evaluate. And then as it has been previously mentioned, the NEPA compliance process must be completed before construction can move forward. And then, all of our NEPA activities basically fall between two categories, which is a category called exclusion category or the environmental assessment category. Next slide.

So what this slide tries to message is that the NEPA process, it is viewed as an umbrella process because through it you are considering the impacts of the project on all of these environmental regulations and vice versa. So that then when the process is complete, you are insured that a comprehensive review was done where we looked at all of these other environmental laws and determine its effects or its impacts on the project itself. And so I mentioned that there are two NEPA processes, categorical exclusion process and an environmental assessment process. The key point is that the process that it's determined that we are going to fulfill is dependent on the type of construction activity that you are looking to implement. 

So if you are looking to engage in a construction project that is primarily looking to do interior renovations, renovations of systems or utilities, remodeling or staff travel and training, those activities or those activities funded by the grant will be categorized as an exclusion activity. And then that's the process that we will then follow. 

Then, if your grant project is looking to renovate by expanding the size of an existing structure, make renovations that add a new structure, activities that seek to add space beyond an existing structure, or construction of a new structure, or introduction of a modular building, then those type of activities will require an environmental assessment. So the main point is that construction activities that the grant is looking to implement is then going to determine the NEPA process that we are going to follow. Next slide. 

So before going into details about the two different processes themselves, just want to first provide, I guess, an overall overview of the roles and responsibilities of the multiple players. We see everybody acting and working as a team because we understand that what's important is the actual implementation of the grant because its purpose, is to support victims of crime. We also understand that the environmental compliance requirement is the first milestone that we need to achieve in order for you to implement the grant. 

So as technical assistance providers, about 1 month after grant awards are made, you will hear from us first and where we will try to schedule a kickoff meeting with you and invite our colleagues from Blue Trident, the OVC Grant Manager, and you as the grantee to confirm the project scope and start talking about timing and schedules for us to complete your environmental compliance requirement. 

During that kickoff meeting, we also set up monthly recurring meetings to try to keep momentum and move the process forward so that then you can get your grant implemented. After we develop either the categorical exclusion documentation or the environmental assessment, all final documents that we develop are then submitted to the OVC NEPA Coordinator. The OVC NEPA Coordinator has final approval and authority on categorical exclusion documentation that we prepare. And then for environmental assessments, he helps us route that documentation internally through OJP for final approval and signature. And then once that is received, the OVC Grant Manager provides that information. Excuse me, the OVC NEPA Coordinator provides that information to their grant manager, who then basically removes the NEPA hold from the grant. So talking a little bit about the categorical exclusion process, it is basically a three to four page form. 

We are the ones that complete that form for you. Within the kickoff meeting or the monthly meetings, we might ask questions that would help us answer some of the questions that are in the categorical exclusion form. Basically when completed, we send it to the OVC EPA Coordinator, he signs it, and he provides it to your grant manager. And then the grant manager removes the NEPA hold from the grant. The process itself can take 1 or 2 months. So then out of the two NEPA processes, this is the one that is less arduous and takes less time to complete. Next slide. 

So the environmental assessment process takes between 6 months to a year, and this slide provides you a general timeline as to the activities that occur within that process. Again, one of the most important things is to try to finalize the project scope and select the project site. 

Without that information, there's not really anything that we can do to move the environmental compliance process forward. After you have finalized project scope and project site, we then initiate several rounds of data requests where we are communicating with you and asking you questions specific about the project or the site itself. Once we receive responses to those questions, we integrate them into the environmental assessment, which takes about 3 to 4 months to complete. Before any documentation is released to the public, we have an internal quality control team that reviews all of our documents before they are made public. That team and that process has greatly assisted us in being consistent with the way we are drafting these documents regardless of grant activity that the project is addressing. 

Once that draft environmental assessment is ready, it goes into the public comment period, which takes about 30 days. Then, if no comments are received, then we finalize the environmental assessment and develop a separate document, which is called a finding of no significant impact. And then both the final environmental assessment and the FONSI are sent to the OVC NEPA Coordinator. He then routes it internally, gets approval. Once they are approved, he provides that information to the grant manager and then the grant manager removes the NEPA hold from the grant. Next slide. 

The environmental assessment in itself, it's basically a long, comprehensive document, and this slide tries to portray or show you a general outline as to what that document includes. The first section of the document talks about the purpose and need of the project, basically trying to respond to why are you proposing the project and what problem the project is intended to address. Then, the second section is a description of the proposed action and alternatives where we are going more into details about the project's who, what, when, where, and how. And at the same time we're trying to provide logistics. Excuse me, visuals, providing visuals, as to where certain activities of the project are going to be situated within the project site. 

Then the third section is the affected environment. In this section we are evaluating, excuse me, we are describing the environmental resources that are present at the project site. There are 11 resources. Some of them are air quality, water resources, biological resources, so on and so forth. So we are basically describing what's there in the affected environment section. And then in the final section, which is the environmental impact section, we are describing how is your project going to affect those resources.

Our conclusions are usually a no significant impact or, if there are impacts on a resource from your project, we will then initiate discussions with you to try to determine if any mitigation measures can be implemented to try to minimize the impact of your project on that resource. So this is basically the general outline of what an environmental assessment topic includes. Next slide. So as I shared initially, I've been with the Clark Group for around 3 years and throughout that time we have encountered some lessons learned, and these next couple of slides are going to try to share some of those lessons learned with you. 

First, which I mentioned a couple times already, is try to secure the project site, and try to have a finalized project scope before initiating construction or before really initiating any environmental compliance activities because we don't know or we wouldn't know what to evaluate, where to evaluate it, if we don't have a project site or a well defined project scope. The second lesson learned is to try to have a conceptual project design. It is important to remember that these documents become part of a public domain, and sometimes visuals can provide more clarity as to what we're trying to do. 

So for example, a project might want to establish a modular building, build a park where they build a driveway, install a surrounding fence, install two sheds, and install a new sewer system. So those are a lot of activities that are happening within the project site, and having a visual or conceptual design as to where all of those activities are going to take place, it is of great value not only to us, but also to the public who might want to read and comment on the project that you're looking to implement. Next slide. So this is an example of a conceptual design or layout. 

Here, specifically, this grantee is looking to expand an existing driveway, create a new driveway, at the end of that driveway, establish or construct a new parking lot, then adjacent to the parking lot they are building or establishing a sidewalk, and then the sidewalk is going to be the one that is going to provide access to this new modular that they're planning to build at this vacant lot. So you can see that multiple activities are going to take place for this project and this conceptual design very clearly lays out what the grantee is intending to do and where are all of these different activities going to take place. So that is why providing conceptual design is of great importance. Next slide. 

Then, starting in May of last year, OVC allowed for an allowance of up to $25,000 that can be used from your grant funding for other designs or studies, such as a disability study or a wetland delineation, or an archeological survey, or a species survey, activities or additional studies that might help move forward the environmental compliance requirement. All of these types of studies and designs, they are project specific. Some projects require them. Some don't. So it is project specific, and it is through that monthly engagement and discussions that we have with grantees where, as a group, we then come to determine if such a study is needed to further the environmental compliance portion. 

So this is a discussion that we have as a group, and then if it is decided that this needs to get done, then your grant manager is part of those monthly meetings, would be aware of these discussions and can then help you try to draw down this funding for the specific study that might be. Next slide. And I think that basically the last lesson learned that we wanted to share is that initially the name of this process is environmental compliance. So we've thought that that the primary POC coming from your organizations might be an environmental point of contact, but through time we've learned that most likely the right person might be someone in your construction department. 

A lot of the questions that we ask are probably better answered by someone that has that type of construction or public works background. But it is, I think, through the initial kickoff meeting and discussions that we have that that we will be able to identify the right person within your organization that can help answer the questions that we send. And once that person is identified, it's critical for us to know who that person is so that we can streamline communications and send our questions directly to that person so that he or she can answer the questions themselves or know who to ask to try to answer those questions. 

Next slide. And as it has been previously mentioned, Danielle is our Senior Quality Control Lead. I briefly mentioned that we have an internal quality control team. Danielle manages that team, and through that role she is basically reviewing all of the documents that we produce. Danielle has been around with us with I believe for at least 5 years. So she has a wealth of information and has been exposed to, I would say, almost all of the OVC grant projects that are seeking construction. So if you have any questions through this pre-application phase about our processes, please feel free to reach out to her as she will be able to provide you solid guidance based on lessons learned or different experiences that we've had with multiple construction needs. So with that, I think that this is the last slide. And Danielle is available right now, if there are any questions in the chat or in the Q&A. 

MEGHAN RHODUS: Okay, it doesn't look like there are any questions for NEPA. My name is Meghan Rhodus. The Blue Trident team is happy to be here with everyone today, and we look forward to sharing the services we can offer to help you with your projects. Next slide, please. As mentioned, my name is Meghan Rhodus, and I'm the project director for this contract for Blue Trident. On the slide you can see the Blue Trident team we have here with us today. You'll be hearing from Justin later on in this presentation. As you can see, our team has extensive experience in architecture, engineering, and construction management. 

We're going to be providing a list of services we offer for free along with an overview of the design and construction process. We realize that this may be the first design and construction project some of you will be working on and that there will be terms and ideas we talk about that are new to you. It's a lot of information in addition to the information you've already heard from OVC and the Clark group. But don't worry. 

As we begin working with you on your projects, you'll be getting a package that includes a glossary of terms and the project workflow so you don't have to worry about memorizing or remembering everything right at this moment. Next slide, please. Here is an overview of the services that Blue Trident will help you with. These services are offered to you, the grantee, for free. These items will be explained in more detail as we continue the presentation. 

We offer help with construction budget review. We offer and provide examples of requests for proposal, options for soliciting architects and engineers, design and construction, project delivery options, and contract assistance for the design and construction portions of your project. We will help with the construction project schedules, and we'll review them with you and your chosen architecture and engineering teams. We will help with the Design Constructability Review, the construction contract bidding and award process, construction schedules, cost estimate reviews. We will also provide advice on occupancy certification procedures. 

Items we do not provide include performing the work of the grantee, the work of the architect, and or engineer, or the contractor. Each of these steps will be explained as we go through the presentation. Next slide, please. This is an overview on the design and construction project workflow. Your project will begin by reviewing a few key feasibility items. From there, the process moves through six main steps, each with its own set of tasks that must be completed before moving on to the next stage. 

The six steps are as follows. Project initiation, which some of you are at, the early design, environmental compliance, which the Clark Group explained in their presentation. completion of design, procurement and permitting for a contractor, and then the fun part, construction, and finally the best part, which is handover, which that's the completion of your project. 

Okay, so let's get into some details about these steps. Next slide, please. Once you've decided you'd like to do a design and construction project, here are what we call feasibility items you'll need to get started. Not every project will need every one of these items. Each project is individual, and we will help you determine what is needed. 

The biggest item you'll need outside of deciding to just start a design and construction project is having a site selected and approved by your governing body. Once this has been completed, the next steps will include hiring and having a geotechnical report done to see the type of soil your project will be placed on. This helps determine the future foundation, which will be designed by the architect or structural engineer. If your project is a renovation or expansion, you may need to have a structural engineer do a structural integrity report to ensure the safety of the building and tell you what can or can't be removed, such as a wall or adding a new opening. 

A site survey will need to be done, if you do not have this already, to determine the boundaries of your approved site selection. You'll need a title or title research to be done to see what is allowable in the area. Wetland delineations, species and cultural resource surveys may need to be done as well, which the Clark Group can assist with. And groundwater testing may need to be done. As we mentioned, this is a lot of information, and as we work with you, each individual grantee, we will determine which items apply to your specific project. I'm now going to turn over the next portions to Justin. Next slide. Thank you. 

JUSTIN WEBB: Thank you, Meghan. Like Meghan said, I'm Justin Webb. I work with Blue Trident. I am 12 years in the construction industry and also a Tribal member of the Tlingit and Haida Tribe. And I've been working on BJA and OVC projects for the last couple years now. So very familiar with the process, and happy to assist. We're going to start here with the project initiation. This is basically your ground level. Let's determine what the program needs are and make a game plan. 

So we'll help you confirm a project objectives and scope, complete feasibility studies, identify key stakeholders, which are usually utility districts and, you know, city and municipalities, if they're involved, and help work with the permitting requirements on that front. And then, we will also help develop a concept plan. Usually, what deliverables come with those are preliminary site plan and early scope document, a list of key stakeholders, concept program and floor plan, required environmental surveys, and design procurement. 

So what our assistance in that will be is we will assist with everything related to the programming. We'll work with you. We have, you know, standard square footages of typical room sizes. We'll be able to, you know, really help dial in a floor plan for you in that front. We'll also help, if we can't assist in that front, to solicit for an architect who can go into a more detailed approach of providing that floor plan for you. We'll also be able to help ensure the grant team's in agreement with the design. So, it's a very collaborative process. 

We will initially work with you, and then, if an architect is needed, help facilitate that your needs are met through the design with the engineering team. We'll help verify the project location by coming on site, and walking your proposed site with you, and taking notes from a construction and infrastructure standpoint, and helping assist you, and making sure that that site will be viable and a long, successive place for your project to be. Well also, if you're planning on doing a renovation or an expansion project, a typical process is to hire a structural engineer who does a building analysis and to make that will take an assessment of, you know, the bones of your building and making sure that, long term, the money that is spent towards the project will be successful. 

A lot of the times we do see renovation projects that happen with the OVC grant awards, and that can include, you know, renovating carpets, and walls, and ceiling grids to upgrading equipment systems, like your mechanical and electrical units, adding security systems, cameras, metal detectors, et cetera. And then, also, for a lot of the police departments and court buildings, soundproofing is something that is overlooked quite often. So working with you to get some better sound acoustics for your rooms. 

We'll also be able to assist with your budgets. We will put together a preliminary budget with you, you know, with costs that are typical on a construction project that you may not be aware of. And that usually is an ongoing process, but we'll be able to get you into a good starting point, and we will help refine that as time goes on. And good to move on to the next slide. So this is a sample of a budget analysis sheet that we'll help work with you to provide. 

Typical costs are your site work, renovation costs, expansion and construction, what a typical general contractor is going to charge you for their overhead and profit. We do work with you if you have a TERO office in place of making sure the TERO fees and where they're applicable apply. And we'll have a line item in here to track those costs as costs get higher. TERO fees usually get higher. We'll also work with you to put in a projected engineering cost, a site survey, geotechnical investigation costs. If permits apply, we'll put in some allowances for permits and inspections. And then, typically, we have a larger contingency in the preliminary stages of a budget. And then as the project progresses, we usually lower that contingency, depending on the project's risk. And then I believe, Meghan, this is passed back to you. 

MEGHAN RHODUS: Alright, thank you Justin. Okay, so we've hit step two in your project. This is the early design, which can also be called schematic design. In this step we focus on developing your design. This will include creating a detailed site plan, completing a hazardous material survey, if it's a renovation, and producing a floor plan that shows the room layout. Building elevations will be done to illustrate what the exterior will look like. Also a preliminary cost estimate will be done to ensure your project will be in budget. We will help assist in all of these steps, including plan, design, review, the preliminary cost estimate, review schedule, and any other requirements needed for your specific project. 

And then as mentioned in the previous slides from Gustavo, the Clark group will be working to ensure the NEPA process is done. Next, Justin's going to walk you through our TTA assistance. Next slide. Thank you. 

JUSTIN WEBB: So we work closely with the Clark group to help primarily with the construction questions in any of the disturbance to your project sites and how that may affect NEPA. We work closely with them and have project meetings, which you, as the Tribe, will be involved in and helping assure that that project scope is clearly defined to expedite the NEPA process.

While that's happening, I will work or we will work with you on determining the contract delivery method, which that is how the contract to get to construction is set up. We have a couple options here that are listed: design bid build, and design build. And we have some slides coming up that'll go into more detail on that. Design bid build. This is your typical process of where you, as the owner, would hire the engineering team and work directly with them to provide a set of construction drawings that you would then issue to the public market for cost to receive. 

So probably the majority of our projects do proceed with the design bid build process that allows you to work directly with the engineering team to define exactly what your needs are and really get down into the detail to make sure your construction project is exactly what you would like. And then, an alternative method is design build where you would then rely on the contractor to hold the design under their contract. So they'd be responsible for the design while you would also have influence on that design and work directly with the contractor. But Tribes do elect to go with the design build approach because you rely on the contractor to do the daily coordination within engineering teams to get, you know, the rough plans and ideas put together. But the contractor would ultimately be in charge of, and carrying those costs of the engineering team under their contract. 

MEGHAN RHODUS: Our main goal in step three is twofold. The first is to get the official environmental clearance that says our project's good to move forward, and that also helps release the NEPA hold. And the second is to complete the entire design for your project. To make that happen, we'll go through four key steps. The first is the environmental compliance, which the Clark group has already discussed. Next, we'll complete the design, which means finalizing the plans for every part of your project. Then, cost estimates will be created, either by your architect and your engineer, your construction manager, or the contractor. So we'll know how much the project costs for both the site construction and for the modular. 

Finally, the architect and engineers will prepare detailed construction documents. These are the instructions that the builders will follow to make sure the project is done correctly. At the end of this process we'll have three major deliverables: the official environmental clearance documents, a full package of design plans, and a clear accurate cost estimates. Together, these will put us in a strong position to start construction with confidence. Next slide, please. 

So as part of our service, which comes at no cost to you, the grantee, we help set projects up for success. So we'll provide sample requests for proposals so you can choose the right contractor. We'll review the design constructability to spot any issues before any building starts. And we'll help check the project schedule to keep things on track. And we'll also hold monthly progress meetings so everyone stays informed and aligned. Next, slide please. 

For step four, your goal here is to choose and hire the right general contractor for the project. This will start by creating a request for proposal, or RFP, which is essentially an invitation for contractors to submit bids showing how they would approach the job and at what cost. Once the proposals come in, we'll carefully review them together and hold a bidder conference where the contractors can ask questions and you can clarify expectations. 

After that, you'll negotiate the terms and conditions with the contractor you believe is the best fit for your project, making sure the scope of work, timelines, and costs are clear and fair. Once we're all confident, you'll award the contract to that contractor, officially moving forward. The contractor will handle permit coordination so the project has all their required approvals before construction begins. At the end of this process we'll have four key deliverables: the contractor proposals we received, a bid evaluation report explaining how you made your decision, the signed contract with the chosen contractor, and the necessary permits to allow work to start. 

This ensures you not only find the right contractor, but also start the project on solid footing with no surprises, hopefully, along the way. Next, Justin is going to walk you through your construction. Next slide, please.

JUSTIN WEBB: Yeah, now to the fun part. We can actually put shovels in the ground and get going on your project. So step five would be actually executing and getting your project to completion. So you would be holding project kickoff meetings with your contractor, discussing, you know, a timeline of how the project's going to get started and where we're headed. From there you'd be monitoring construction activities on a weekly basis is what we'd recommend, where you'd set up project meetings with your contractor to discuss, you know, about what's going on in this week and in the future and if there are any issues coming up. From there you'd be helped facilitating timelines and your budget and your quality work.

So essentially just taking all the project information and helping put that in one place, and that's something that you'd be monitoring. Like I said, we do the project regular meetings. That is always a very beneficial way for both the contractor and the owner to make sure everybody's on the same page and that there's no any miscommunications. 

During those meetings, typically any issues that do arise are discussed there and an action plan can be put in place. And lastly, the monitor and environmental compliance. The approved NEPA outlines exactly what the concerns are with that environmental for that site. And so we make sure that that is being monitored. And then if any mitigation plans need to be put in place, those are discussed. 

Next, we go into handover. So this is where your project is completed or in the final stages and you are working with your contractor to get the keys, essentially, to your project. So what typically happens in the handover phase is the final inspections, complete punch list items, which punch list are any known issues that are not finalized. And that's usually put on a report for both you and the contractor to track to make sure those are completed before they demobilize from the site. Obtain any necessary approvals. So anything, any added work, anything that you'd like to see completed before the contractor leaves the site. 

Any handover documentation. So operation and maintenance manuals are usually something that is handed over to you to make sure if you purchase any equipment that you have all the information for that as well as any applicable material information of the paint colors and the ceiling tiles. Usually, those are kind of the information that you would get there. And then finally transition the project to the owner and user, you know, making sure the key, you have all the right keys, the security systems are in place, et cetera.

And usually, the deliverables that come with that are listed here, the completed punch list, a certificate of occupancy, handover documentation, final project reports, and any lessons learned for you as the management team of managing the construction project. And next slide, please. And then, so us, as Blue Trident, what we would be helping you with is the construction contractor bidding and award assistance. So the RFP request for proposal, which Meghan talked about briefly before. That is the proposal that is set out to the public market on getting your cost back. And we're able to help analyze that and provide you feedback on. 

During your construction process your contractor should be submitting you regularly updated construction schedules that are reviewed by us, and any feedback necessary we give to you of what we see in those schedules. During construction, also, a part of that is reviewing the cost estimates and budgets. Typically, those budgets can be manipulated over that time and, say, added and deleted scope of works so we can help with you updating budgets and making sure that your contractor's providing you the necessary information and justification on added or removed costs. 

The contingency is an allowance that we put in the budget to absorb any unknown costs that do happen in construction. It is very normal that something doesn't go according to plan or there is just an oversight on a piece of scope that needed to be included in that project. And so we will help manage and assist you with understanding how and when to use that contingency budget and when it's a safe time to remove that from the project costs. We will meet with you on typically a monthly basis to check in with you and how things are going on the project. We're always available as often as needed. We kind of view ourselves as an on-call service where, at any time, you can give us a phone call and we can help assist you with anything on the construction process. 

But typically, we do meet on a monthly basis via virtual meeting with the BJA grant managers and ourselves and discuss the project updates and how things are going. And then lastly, on the big deliverable to complete the grant project is your certificate of occupancy. We have lots of templates that we can help assist you on this, but typically, it is a building inspector, an architect, an engineer who does a final inspection and then signs off that all the systems that are in place are operational and that your project is deemed habitable and being able to move into and use on a daily basis. 

MEGHAN RHODUS: Okay. Wow. So we've given you a lot of information, but we wanted to end with some tips that we found helpful that will ensure that your project is a success from beginning to end. It's very important and helpful, as the grantee, that you organize a project team that will be available throughout the project. This can include anyone who you determine is vital to the progression of your project. Second, it is important to develop a work plan that is based on reliable and proven design and construction approaches, which work in your specific geographic area. As the Clark Group mentioned, it's important to start the NEPA process as soon as possible, since approval can take a long time and construction can't begin until you have OVC approval. The funds won't be released before then for actual construction. 

With construction costs going up each year, it's important to be able to start construction sooner rather than later. A major factor in getting the NEPA process started is having a site selected and approved. As the grantee, you should plan on contacting architecture and or engineering firms directly by phone, email, or letters to promote interest in your project, and we are able to help you with that. If your organized project team does not have construction experience and or the time to devote to the project, an architect or engineering consultant may need to be brought in to help the team and or an outside construction manager may be needed to be brought in during the construction process. These tips are meant to help set your project up for success. As mentioned earlier, the Blue Trident team is here to guide you through each step, tailoring our support to your project specific needs, and we look forward to working with you. 

Next slide, please. We're going to open the floor to any general questions about design or construction. If you have project-specific questions, please reach out to the contacts that were listed in the presentation, and if you need those listed again, we are happy to add them into the chat. If you're a grantee who has not decided on construction project, but is interested in one, please also reach out to the contacts listed in the presentation so we can get back to you and help you fill out your questionnaire.

KYLE ISMAIL: There’s an evaluation survey here at the end I hope everyone will take a moment to do. And if we haven't had an opportunity to address the questions in the chat, certainly we can still follow up afterwards with the respective grant managers to make sure that we get those answers. But essentially, this is the end of our presentation. We thank you all for joining us this afternoon.