Choosing anEnvironmental Consultant:

Guidancefor Small Businesses

The New York State Environmental Facilities Corporation,Small Business Assistance Program

DisclaimerThe New York State Environmental Facilities Corporation (EFC)does not certify or endorse individual consultants, contractors, orequipment for use by small businesses. This document does not offerlegal advice in the selection of a consultant, contractor, or equip-ment. Readers are encouraged to seek their own legal counsel priorto entering into a contract for services with any environmentalprofessional. The reader should investigate the qualifications of anyenvironmental professional with whom they enter into a contract.

PurposeThe Small Business Assistance Program (SBAP)created this guide to provide information so thatsmall businesses that need to hire an environmentalprofessional can make an informed decision. Thisguide will help you more knowledgeably hire anenvironmental consultant by

� guiding you through the proposal process� listing questions to ask consultants� suggesting how to review the proposals you

receive from prospective consultants� providing tips for negotiating a contract with

your chosen consultant

For an overview of the steps involved in finding andhiring an environmental professional, refer to �TheProcess of Hiring an Environmental Consultant� onpage 4. The remainder of this guide explains thisprocess in greater detail, step by step.

What is the SBAP?The SBAP is located within the New York State Envi-ronmental Facilities Corporation (EFC), which is anon-regulatory, public benefit corporation. The SBAPprovides small businesses with free and confidentialtechnical assistance to help them comply with stateand federal Clean Air Act requirements. The SBAP

� operates a toll-free hotline (800-780-7227) toprovide technical assistance to small businesses

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The SBAP helps

small businesses

comply with the

Clean Air Act.

� suggests measures, including pollution preven-tion, material substitutions, and changes inmanufacturing processes, to help small busi-nesses comply with applicable air pollutioncontrol regulations

� performs an emissions inventory to establish afacility�s classification with respect to regulatedair pollutants (i.e., whether the facility is a�major� or �minor� emitter)

� assists small businesses with state permit appli-cations and other required forms

� develops recordkeeping strategies for busi-nesses to document compliance

� conducts technical assistance workshopsstatewide

� develops informational publications, such ascompliance guidebooks, factsheets, a newslet-ter, and this guide, for small businesses

� provides on-site assistance to small businessesas necessary

When To Use a ConsultantNew York State�s SBAP was created as part of theClean Air Act Amendments of 1990, which requiredevery state to have an SBAP to help small businesses

comply with air pollution regulations. Problems withother types of pollution, however, are outside the

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scope of the SBAP�s services. For example, yourcompliance project may involve addressing waterpollution or hazardous waste disposal issues, andthe SBAP�s federal mandate is only to help smallbusinesses comply with air pollution requirements.You may need an environmental consultant to helpaddress these water or waste issues, since they falloutside the SBAP�s scope of services.

Additionally, your small business may require anenvironmental consultant when your needs arerelated to air pollution but exceed the services pro-vided by the SBAP. For example, although the SBAPcan and does help businesses complete the neces-sary permit applications, develop recordkeepingstrategies, and suggest process changes to achievecompliance, we cannot provide engineering designservices should your business need to install cus-tomized air pollution control equipment. In mostcases, that work must be done by a professionalengineer licensed to practice in New York State, soagain, you would have to hire an environmentalprofessional to assist you.

If you have any questions about this booklet or aboutstate or federal air pollution regulations, please callthe SBAP�s toll-free hotline: 1-800-780-7227. Youcan also reach us on the World Wide Web athttp://www.nysefc.org/tas/SBAP/SBAP.htm.

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You may need a

consultant to

help you address

environmental

issues that fall

outside the

SBAP�s scope of

services.

The Process of Hiring an Environ-mental ConsultantHiring an environmental consultant can be a stressfulexperience for a business owner or operator. Afterall, the primary reason you would be hiring such aprofessional is because your business has an envi-ronmental problem that you need to address andproblems usually mean money, both in the costs tofix the problem and in potential enforcement fines.Additionally, hiring a consultant involves signing acontract, a legal document that you may or may notbe comfortable preparing and reviewing. Moneyand legal matters are a sure recipe for stress.

But the process of hiring a consultant can be brokendown to a few simple steps, which, if followedcarefully, can alleviate your anxiety and help youresolve your business� environmental problems.

To hire an environmental consultant, you will need tocomplete the following steps:

1. assess your specific environmental project andwhat you need to accomplish (see page 5)

2. understand the services that consultantsprovide (see page 9)

3. find consultants to bid on your project (seepage 10)

4. understand the elements of a proposal (seepage 11)

5. request proposals from several consultants(see page 12)

4

The process of

hiring a

consultant can

be broken down

to a few simple

steps.

6. review these proposals to see how theycompare to your needs (see page 13)

7. negotiate a contract with the consultant youselect (see page 19)

8. carefully review, then sign the contract (seepage 24)

9. ensure a good working relationship withyour chosen consultant (see page 26)

10. take appropriate steps upon project comple-tion (see page 27)

The following sections describe these steps in detailand provide tips for successfully completing eachstep. Remember, however, that only your attorneycan provide legal advice. If you need additionalinformation about hiring environmental consultants,see �Sources for More Information and Referral� onpage 28.

Understanding Your NeedsStarting an environmental project using your ownpersonnel can save you money in the short run, buthiring an environmental consultant to supplementyour in-house staff may help you complete theproject more efficiently. The skills and areas ofexpertise that environmental professionals have tooffer vary greatly, however, so you�ll want to be sureyour project�s scope matches your consultant�sabilities. To do so, you�ll need to understand bothyour own project�s needs and the consultant�s role

5

Hiring an

environmental

consultant to

supplement your

in-house staff

may help you

complete the

project more

efficiently.

(explained in the next section). Use the followingthree-step process to assess your project�s needs:

Step 1. Review Your Project�s ObjectivesReview the objectives of your project, making surethey are specific and well defined. To help shapethese objectives, answer the questions below. Insome cases, you may want to have an environmen-tal consultant help you answer these initial ques-tions (for a fee). When you�re ready to implementany of their suggested changes, solicit proposalsfrom additional consultants (see �Identifying theElements of a Proposal� on page 11).

� What environmental regulations apply to yourbusiness? (the SBAP can help you with this)

� What changes will be necessary to achievecompliance with these regulations? You maynot have all the answers to this question, butyou can make a start.

� If your business is already in compliance with theapplicable regulations, what are your otherenvironmental objectives, such as pollutionprevention?

� What is the timetable for completing the project?If you�re already out of compliance and/orunder a Consent Order from the Departmentof Environmental Conservation (DEC), timemay be of the essence to avoid potentialpenalties. If your compliance deadline hasn�tarrived yet, the timetable may be less urgent.

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Ask yourself a

few key questions

to shape the

objectives of your

project.

� How much money can your company devoteto the project (both in capital costs and con-sulting costs)?

� What are the projected cost savings and pay-back period of the project? Don�t forget toinclude any tax savings that may be availableas a result of your project. Consult your ac-countant for specific tax advice.

� What is the company�s commitment to theproject? In other words, is it willing to makechanges that may affect production processes?

� What parts of your operation, if any, will re-quire changes to meet your objectives?

� If changes to production processes are re-quired, will your staff need to change the waythey do their jobs and will they need to betrained to properly implement productionprocess changes? If so, be sure to involve yourstaff in the decision-making process.

� How much of the project work can be done byyour staff and how much must be done by anoutside person or firm?

� What resources are available free-of-chargethrough equipment vendors and public infor-mation sources, such as libraries and publictechnical assistance programs (the SBAP, tradeassociations, Small Business Development Cen-ters, etc.), to help you complete your project?

The next two steps will help you plan your projectand assess its impact on your business.

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Step 2. Plan Your ProjectPlan how you will meet your project objectives. Ithelps to write down the steps that are necessary tocomplete your project. Develop a preliminarytimetable for completing the project.

Step 3. Assess Your Project�s ImpactsAssess how changes, such as process or productchanges, material substitutions, and disposal costreductions, will affect your business� operations, itsprofitability, and what regulatory requirements apply.

After you�ve completed these three steps and an-swered the questions within them, you should takea moment to write up a brief summary of yourproject. This will help you to provide the sameinformation to each consultant you invite to submitproposals for your project (more on that later). Theprocess of describing your project on paper so thata consultant can submit a proposal will often helpyou identify additional questions you�ll need toanswer for your specific project. If possible, putyour written description aside for at least a day,then read it over again, share it with your staff to gettheir input, and make any needed changes beforeshowing it to prospective consultants.

8

The process of

writing up your

project so that

consultants can

bid on it will

often help you

identify addi-

tional questions

you�ll need to

answer.

Understanding the Consultant�sRole and ServicesBased on your assessment of your project�s needs,you should have a pretty good idea about whatkinds of help you�ll need from an environmentalconsultant. The specific services provided by con-sultants vary, based on their areas of expertise.However, depending on the contractual arrange-ments, consultants generally will do the following:

� provide expertise in certain areas� provide an independent assessment of your

situation� help with interpreting regulations and seek

interpretations from the state and federalregulatory agencies on your behalf

� act as a temporary supplement to your staffresources and knowledge base

� provide technical and economic analyses ofalternatives and conduct feasibility studies

� develop recommendations� provide design and engineering support� conduct sampling and laboratory analysis� help with permit applications and report writing� assist with equipment selection and purchasing� assist with implementing operational changes

and startup� complete one-time projects� support operation and maintenance of your

facility� perform annual tasks, such as facility reviews

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Although environmental consultants can providemany services to improve your business� operationsand productivity, remember that you are the expertabout your company; consultants can only enhanceyour expertise. Don�t depend on consultants to doany of the following:

� Make decisions for you. You need to evalu-ate what will work for your business.

� Purchase specific products. Find out if theconsultant receives compensation when youbuy recommended products through them. Ifso, the product they recommend may not bethe most cost effective.

� Provide standard services. Generally,consultants are hired to provide customizedsolutions for clients.

Finding ConsultantsSeveral resources are available for finding consult-ants in your area:

❒ call the SBAP for a list of the environmentalconsultants in your area who responded toour request for information and qualifications

❒ check your local telephone listings under� Air Pollution Control� Environmental or Ecological Services� Engineers�Professional� Water Pollution Control

❒ conduct a search on the Internet

10

Generally,

consultants are

hired to provide

customized

solutions.

❒ read publications from trade or industryassociations in your industry sector

❒ talk to other business owners in your area toget recommendations

Using these resources, develop a list of a half-dozenor so consultants. These are the consultants that youwill speak with about submitting a proposal tocomplete your project.

Identifying the Elements of a Pro-posalSimply put, a proposal is a consultant�s estimate toperform specific work on your project. It�s aconsultant�s written analysis of what he or she will doto address your environmental problem and howmuch his or her services will cost. At a minimum,each consultant�s proposal should do the following:

� respond to your project�s needs based on thewritten description you provided each consultant

� spell out exactly what services the consultantwill provide to complete your project

� include a project timetable that covers bothconsultant�s time and your staff �s time so youwill know when major milestones will occurand when and for how long your staff will be

involved in the project� indicate if and for how long your facility may

need to be shut down to complete elements ofthe project

11

A proposal is a

consultant�s

written analysis

of what he or she

will do to address

your problem

and how much

his or her services

will cost.

� explain all fees and equipment costs clearly� include billing procedures for deposits, partial

payments, and final payment� provide references relevant to your project so

that you can assess the quality of theconsultant�s work

A consultant�s written proposal should also clearlyspell out the following:

� responsibilities of your company�s personnel� responsibilities of the consultant� what personnel from the consulting firm are

assigned to the project, their experience levels,and their billing rates

� what items are specifically not included inthe proposal

Requesting ProposalsWhen you request a proposal from each of theconsultants you identified above in �Finding Con-sultants,� give each the written description of yourproject that you developed earlier. Take a look atthe evaluation criteria in the next section (�Review-ing Proposals�) for ideas on what to ask for in theproposals they prepare. Using these criteria, youmay want to prepare a cover letter to the consult-ants that lists the elements you expect their propos-als to include. Provide this letter with your writtenproject description.

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A good rule of

thumb is to have

at least three

proposals to

review.

A good rule of thumb is to have at least three pro-posals to review, so you may want to ask for propos-als from more than three consultants, in case oneor more doesn�t respond in a timely fashion or isn�tinterested in bidding on your project. Be sure toindicate a deadline for consultants to submit pro-posals to you.

Reviewing ProposalsAs part of your review of each proposal that youreceive from a consultant, evaluate them accordingto the following factors. Some of these factors mayrequire you to do additional research about theconsultant.

Work ExperienceA consultant�s work experience is one of the mostimportant criteria for reviewing the proposals, sinceyou want to find a consultant with experience insolving your particular type of problem.

� Be sure the consultants have included descrip-tions of previous projects in their proposal.Consultants frequently submit a standard�statement of qualifications� package with theirbids, which provides a history of the company,background on key personnel, and a selectlisting of project experience. How similar werethese projects to the type of work you need?

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Review proposals

by examining a

consultant�s work

experience,

professional

references, credit

references, and

prices, and by

considering your

working relation-

ship with them.

� What are the consultants� specialties? Proposalsshould include resumes of staff who will beworking on your project. If they do not havespecialized knowledge in the area of pollutioncontrol, who will they be calling on (or using as asubcontractor) to help solve your particularproblem? Have they worked with other expertswith appropriate experience? If so, ask for thenames of these experts and contact them forreference information.

� The proposal should include descriptions ofthe technical training the consultant�s staff hasreceived and the experience of staff. If itdoesn�t, ask for this information. The proposalshould also indicate what professional licens-ing, such as a Professional Engineering License,or certifications the staff has. It is important fortheir training and experience to be related tothe type of work to be performed on yourspecific project. You are hiring people withspecific expertise�make sure that expertisematches your project needs.

Professional ReferencesIt�s always wise to have prospective consultantsinclude a list of three or four former clients in theirproposal so you can contact these references andask them about the consultant�s performance. Thefollowing are some suggested questions to askformer clients:

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A consultant�s

training and

experience

should be related

to the type of

work to be

performed on

your specific

project.

� Ask them to describe the type of work theconsultant did. Was it the same or similar toyour project?

� Find out if the work was completed on timeand at the agreed-upon cost. If not, why?

� Ask if they were satisfied with the work andwhy or why not.

� Find out if any unforeseen problems aroseduring the project. If so, what were they andwhy did they occur? Was the consultant willingto �troubleshoot� the problem? How wereproblems resolved and were they resolved tothe client�s satisfaction?

Check with your local Better Business Bureau. Ask ifthey have any information about each consultant�either good or bad. This could help you to learn moreabout the consultant and how he or she does the job.

You can use a computer and the World Wide Web(available at many local libraries if you don�t haveaccess at your business or home) to check on aconsultant�s Professional Engineering license statusin New York State. Visit the New York State Educa-tion Department�s website at

http://www.nysed.gov/dpls/opnme.html

to search for a particular consultant by name withintheir profession.

15

Ask each prospective consultant for the names ofindustrial or professional associations to which heor she belongs. Contact these organizations to see ifthe consultant is a member in good standing (is up-to-date with their dues, has taken any requiredcontinuing education courses, etc.). Find out if theprospective consultant has published any articles inthe scholarly journals of their field. If the articlesrelate directly to your environmental problem, youmay want to read them�check with your locallibrary to see if they either have the journal or canobtain a copy of the article(s) for you.

Credit ReferencesIn order for your project to be successful, the con-sultant must have the financial resources to under-take and complete the project. The following aresuggestions to help ensure that the consultant youselect is financially sound:

� Ask to see a copy of the consultant�s liabilityinsurance policy. Contact the insurer to verifythat the policy is in force, that the premiumshave been paid, and that the insurance coversliability for your type of project. Request acopy of the insurance statement and ask forupdates when they are due.

� Verify that the consultant�s Workers Compen-sation Insurance is valid for their employeesworking at your site. You want to be sure the

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A consultant

must have the

financial

resources to

undertake and

complete your

project.

consultant�s insurance policy would covertheir employees if one should be injured onyour property.

� Check the consultant�s credit with his or herbanks or a credit service. For a fee, a creditservice will provide you with a summary of aconsultant�s credit history.

Working RelationshipIn addition to evaluating a consultant�s professionaland financial references, you should consider yourown working relationship with a consultant. Thefollowing list includes some of these considerations:

� Who will be the consultant�s representative foryour project? That person should be identifiedin the proposal. Talk to them about the project.Is it someone with whom you feel comfortable?

� How available will the consultant be to answerquestions or respond to problems, both duringand after project completion?

� How close is the consultant�s office to yourbusiness? If they are based in another city, willthe distance slow the pace of work, reduce theconsultant�s availability, or increase theproject�s cost?

� Will the consultant accommodate your busi-ness operations by scheduling on-site workduring off-hours or after-hours? Such accom-modations should be clearly spelled out in the

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proposal. Will work by the consultant duringyour peak hours of operation (if required)significantly affect your business?

Keeping all of these considerations in mind whenchoosing a consultant will help you select one withwhom you can build a solid relationship whileaddressing your environmental project.

PricesPrice quotes may be difficult to compare sinceproposals from different consultants will take differ-ent approaches and use different pricing strategies.Since you can�t always compare apples to appleswhen it comes to price quotes, gather as muchinformation as you can by asking additional ques-tions about consultants� proposed fees. Considerthese tips to help you make an informed choice:

� One consultant may give a lump-sum figure,whereas another may charge a lump sum plusthe costs for samples. If the quote is for a feeplus samples, ask how many samples theyexpect will be taken and what each will cost.

� The specifics of your situation might make itdifficult to determine the extent of the environ-mental problem until a detailed investigationbegins. In that case, a consultant is likely tocharge for both time and materials for theduration of the project. If that�s how a pro-posal is priced, be sure the proposal lists the

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You can�t always

compare apples

to apples when it

comes to price

quotes, so ask

additional ques-

tions about

consultants�

proposed fees.

hourly rates of the consultant�s staff and anyanticipated expenses, such as travel, samples,or equipment. Some price quotes that usetime and materials may include a maximumcap or a dollar amount beyond which theconsultant must get your approval to proceed.

� Compare quotes not only by price, but by whatspecific work is to be done. Occasionally, aconsultant will offer a lower initial bid to gettheir foot in the door, and, after the project hasbegun, add costs for work that should have beenincluded in the original proposal. Make surethe proposals cover similar amounts of workbefore you compare their individual prices.

Negotiating the ContractAfter you select a consultant for your project, it�stime to negotiate the details of the work and theterms of the contract. For you to successfully negoti-ate a contract with the consultant, you must

1. understand the contract2. anticipate and resolve problems before they

occur

Understanding the ContractUsually your consultant will have a standard contractform that has blanks for information specific to yourproject. If you want to write your own contract oradd specific provisions to the standard contract,then you, your lawyer, and your consultant should

19

agree on the wording of all clauses. The consultant�slawyer may also be involved because a contract is alegal document and it involves money.

Contracts usually include the following items:

� A description of duties, i.e., what the con-sultant will do as part of your project. In somecases and if it is acceptable to you, the consult-ant will include their original proposal for yourproject as an element of the contract.

� Warranties or performance guarantees, i.e.,what work is guaranteed and what the consult-ant will do if work isn�t completed properly.

� The starting date for the project and the timeperiod for completing the work. This sectionof the contract should include (a) key milestonesand the requirement for any progress reportsand (b) a penalty clause for late completion.

� The price and terms of compensation;prices may be stated as a fixed fee (one pricecovering all work), as time spent plus materialsrequired, or in other terms. Note that partialpayments usually are made up front and atagreed-upon points in the project (such as30%, 50%, and 80% complete). Considerwithholding at least 10% of the payment untilyou accept the project as complete; this mayprovide you with some leverage should youand the consultant not agree on how theproject was completed.

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Withhold at least

10% of the pay-

ment until you

accept the project

as complete.

� The use of subcontractors, i.e., whethersubcontractors will be used on the project andwhether the consultant charges a fee to managethem, in addition to the actual cost of the sub-contractor.

� The confidentiality of the information youmake available to the consultant during thecourse of the project; look for a non-disclosureclause that would keep a consultant from reveal-ing anything he or she learns about your businessif you are concerned about such information.

� Liability, indemnity, and �hold harmless�clauses, i.e., what financial or other responsi-bilities you or the consultant will have if certainevents should happen, such as accidents orerrors, during the course of the project.

� Conditions for modifying the contract,which is important should you wish to make anychanges to the contract during the course of theproject.

� The governing law, i.e., what state�s laws willgovern the implementation of the contract andany questions that arise later. This is typicallyonly an issue if your business is located in onestate and your consultant is located in another.

Legal advice is very helpful in developing and review-ing a contract. Seek legal advice before signing acontract, especially if you are not comfortable withthe provisions or if you do not understand them.Remember, the contract is a legal document. Only a

21

licensed attorney is qualified to give you legal ad-vice about a contract or any other legal matter.

Anticipating and Resolving ProblemsYou should try to identify problems that might ariseduring the course of the project and address themin the contract. For example, you might want toanticipate the following issues that occur frequentlyduring environmental projects and include solutionsin the contract:

� Testing any equipment. Contracts for theconstruction and/or installation of any equip-ment should require the consultant to test theequipment after it has been installed. Theproject should not be considered completeuntil such testing is successful. Testing can bedone by a neutral third party, which may allowfor a more-accurate testing procedure.

� Maintenance and repairs. The contractshould say who is responsible for the mainte-nance and repair of any equipment after it hasbeen installed. The contract should define theactivities and specify who is responsible foreach activity.

� Work site and space. The contract shouldindicate whether you are responsible forproviding a work space for the consultant on-site, if a work space is necessary.

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Try to identify

problems that

might arise

during the project

and address them

in the contract.

� Hazards to employees and/or customers. Ifthe work involved in your project might pose ahazard to your employees or customers, you�llwant to minimize that risk by having the workperformed during off-hours or in other ways toprevent injuries. The contract should indicatewhen work is to occur and the other steps theconsultant will take to prevent hazards. Itshould also specify who is liable should injuriesto employees or customers occur during theproject. Be sure to involve your attorney in anydiscussions about liability.

� Additional expenses. The contract shoulddefine how unforeseen project expenses willbe handled. In most cases, you will want to becontacted for your authorization before suchexpenses are incurred.

� Inaccurate recommendations. The contractshould address the possibility that the con-sultant�s recommendations are not appropri-ate. The contract should specify what actionsthe consultant must undertake to correct theeffects of false or inaccurate information with-out additional charges. Require consultants tohave �Errors and Omissions� liability coverage.

� Permits and recordkeeping. If a permit orother paperwork is required, you may want theconsultant to complete your application forsubmittal to the New York State Department of

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The contract

should specify

who is liable

should injuries to

employees or

customers occur

during the project.

Environmental Conservation (DEC) or the USEnvironmental Protection Agency (EPA). Ifcompliance with a regulation requires you tomaintain records or submit periodic reports, youmay want the consultant to design a record-keeping system or report templates for you(but see �Ownership of a work product� below).Include these tasks in the contract if applicable.

� Ownership of a work product. If a consultantprepares a report, plans, maps, specifications,management system, etc., for you, you maywant to ensure that you own that work product.

� Clean up. The contract should specify who isresponsible for removing any debris or con-struction material that results from your project.

This list is not exhaustive. You should carefully planfor potential problems by having the contract in-clude provisions that spell out how such problemswill be handled if they arise.

Before Signing the Contract�AFinal ReviewAfter you select a consultant and have negotiated acontract, the next step is to carefully review the finalcontract before signing it. Consider the followingadvice:

� Read every word of the contract and anyattachments and consult with your attorney. Ifyou have a partner and/or accountant, have

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Read every word

of the contract

and any

attachments and

consult with your

attorney before

signing.

them read it too. In a written contract, everyword is there for a reason; therefore, make surethat you agree with every word. Make sureevery item you want is written into the con-tract. Otherwise, you probably will not get it,regardless of what the consultant or his or herrepresentative may have told you, since thecontract itself is the binding legal document.

� Don�t feel pressured to sign a contractimmediately. If you need time to read thecontract or to seek legal advice, wait a day ortwo before signing. If the consultant reallywants your business, he or she should behappy to give you this time.

� Obtain signed lien waivers from your consult-ant and/or suppliers. Such waivers will protectyou in the event that your consultant does notpay his or her subcontractors or suppliers. If thiswere to occur, the subcontractors and suppli-ers could sue you, even though you alreadypaid the consultant. Your only protection fromsuch a suit is a lien waiver. In order to ensurethat the waiver is executed properly, youshould consult an attorney for help, especiallyif the dollar amount of the contract is large.

� Check with your insurance agent or legal coun-sel to see if you need additional insurancefor your property, employees, or customersduring the course of the environmental project.

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Obtain signed

lien waivers from

your consultant

and/or suppliers.

� Don�t pay in full for the project when yousign the contract or before the project iscompleted. As the previous section indicated,the contract should state the terms of pay-ment. Make sure the contract includes a planfor the phased completion of the project andassociated payments, and follow this schedule.

Ensuring a Good RelationshipThis project may be the beginning of an on-goingrelationship with the consultant. Or you may onlyneed a consultant once in the life of your business.In either case, the success of this particular projectwill depend in large part on the quality of your work-ing relationship with your consultant. Follow thesetips to help achieve a good working relationship:

� Have a clear idea of what you expect toachieve from the project. Express these expec-tations to your consultant, both in your writtenproject description and in your routine per-sonal interactions with the consultant.

� Keep the lines of communication open betweenyou and your consultant. Be available during theproject for the consultant to contact you. Keepa written record or notes of your meetings ordiscussions to help everyone stay on track.

� Consider having meetings at a neutral site, oralternate meeting locations between your

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Keep the lines of

communication

open between

you and your

consultant.

offices and those of your consultant. That way,neither of you is always the visitor.

� Keep up with the consultant�s progress andmake sure that both of you meet contractualexpectations.

� Follow up in writing to the consultant when-ever there are significant problems with theproject or performance under the contract.Also document any changes to the project. Aseparate contract may be required for addi-tional work.

� If your consultant fills out your permit or otherdocuments for submittal to DEC or the EPA,make sure you read and understand thesedocuments and their implications before yousign and submit them. Have the consultantexplain these documents, their terms, andconditions if you have any questions.

After Completing the ProjectAfter the project is complete, you should review thecontract. Have you done all of the things that youagreed to do in the contract? Has your consultant?For example, has any debris created during theproject been removed? Any money still owed to the

consultant will be due at this time, in accordancewith the contract�s provisions.

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Review the

contract after

the project is

complete.

Sources for More Information andReferralYou may obtain additional information about hiringenvironmental consultants from the following re-sources:

� trade and professional business associations(referrals and guidance)

� trade magazines and journals (advertisementsand guidance)

� legal counsel (referrals and guidance)� other companies in your industry (referrals)� county or university extension agencies (guid-

ance)� Better Business Bureau (reference information)� Small Business Development Centers (guidance)� Small Business Administration offices (guidance)� Yellow Pages (advertisements)� Dun�s Consultants Directory provides a listing

of consultants by area of expertise and loca-tion. This directory is updated annually and isavailable in the business reference section ofyour local public library.

� The SBAP has a state-wide list of environmentalprofessionals who responded to our requestfor information and qualifications. Call us for alist of consultants in your area.

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AcknowledgmentsThe SBAP expresses its appreciation to the TexasNatural Resource Conservation Commission andthe US EPA for providing source material for thisdocument.

Help for Small BusinessesThe Small Business Assistance Program (SBAP), provided by theNew York State Environmental Facilities Corporation, gives techni-cal assistance and help with permitting to small businesses thatmust comply with the Clean Air Act. For help, call the SBAP hotline:800-780-7227. The SBAP�s program partner, the Small BusinessEnvironmental Ombudsman (SBEO), provided by Empire StateDevelopment, gives information about regulations and financingand helps with resolving regulatory issues. For help, call the SBEOhotline: 800-STATE-NY. Both the SBAP and the SBEO offer free andconfidential help to small businesses with fewer than 100 employees.

New York State Environmental Facilities CorporationSmall Business Assistance Program

50 Wolf RoadAlbany, NY 12205

800-780-7227 (within New York State)518-457-9135 (outside New York State)

518-457-8681 (fax)

http://www.nysefc.org

George E. Pataki, Governor

John Cahill, Chairman EFC Terry Agriss, President EFC

printed on recycled paper using environmentally friendly, soy-based ink

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