BID RESULTS AB B SOLID WASTE AND RECYCLING AND EXCAVATION AND INSTALLATION OF CONCRETE SLAB AT CORRECTION CENTER BID OPENING DATE: JUNE 5, 2012

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1 BID RESULTS AB B SOLID WASTE AND RECYCLING AND EXCAVATION AND INSTALLATION OF CONCRETE SLAB AT CORRECTION CENTER BID OPENING DATE: JUNE 5, 2012 CONTRACT TERM: AUGUST 17, 2015 TO AUGUST 16, 2017 RES. NO NAME OF BIDDER ADDRESS WASTE MANAGEMENT OF NEW JERSEY INC. 107 SILVIA STREET CITY, STATE, ZIP EWING, NJ CONTACT LARRY LAPIDUS TELEPHONE FAX

2 WASTE MANAGEMENT ROLL OFF CONTAINERS AND COMPACTORS MONTHLY RENTAL AND WEEKLY PULL CHARGES FOR YEARS FOUR AND FIVE YEAR FOUR SIZE TOTAL COST RENTAL AND HAUL 1 X PER WEEK OPTION YEARS FOUR AND FIVE INDEX ANNUAL RATE NUMBER OF CONTAINERS TOTAL CHARGE ROLL-OFF CONTAINERS OPEN BOX (HAUL ONLY) 10 CY YD $ $ $ 9, $ 19, OPEN BOX (HAUL ONLY) 20 CY YD $ $ $ 9, $ 9, OPEN BOX (HAUL ONLY) 30 CY YD $ $ $ 9, $ 38, OPEN BOX (HAUL ONLY) 40 CY YD $ $ $ 9, $ 9, COMPACTORS WITH MONITORING SYSTEM YEAR FOUR SIZE TOTAL COST RENTAL AND HAUL 1 X PER WEEK MONITORED TOTAL COST RENTAL AND HAUL 1 X PER MONTH MONITORED ANNUAL RATE NUMBER OF COMPACTOR TOTAL CHARGE SELF-CONTAINED COMPACTORS 30 CY YD $ $ $ 18, $ 18, SELF-CONTAINED COMPACTORS 30 CY YD $ $ $ 6, $ 6, SELF-CONTAINED COMPACTOR REAR LOAD FOR CORRECTION 34 CY YD $ $ $ 18, $ 18, TOTAL COST YEAR FOUR $ 120, YEAR FIVE SIZE TOTAL COST RENTAL AND HAUL 1 X PER WEEK INDEX ANNUAL RATE ROLL-OFF CONTAINERS NUMBER OF CONTAINERS TOTAL CHARGE OPEN BOX (HAUL ONLY) 10 CY YD $ $ $ 9, $ 19, OPEN BOX (HAUL ONLY) 20 CY YD $ $ $ 9, $ 9, OPEN BOX (HAUL ONLY) 30 CY YD $ $ $ 9, $ 38, OPEN BOX (HAUL ONLY) 40 CY YD $ $ $ 9, $ 9, COMPACTORS WITH MONITORING SYSTEM YEAR FIVE SIZE TOTAL COST RENTAL AND HAUL 1 X PER WEEK MONITORED TOTAL COST RENTAL AND HAUL 1 X PER MONTH MONITORED ANNUAL RATE NUMBER OF COMPACTOR TOTAL CHARGE SELF-CONTAINED COMPACTORS 30 CY YD $ $ $ 18, $ 18, SELF-CONTAINED COMPACTORS 30 CY YD $ $ $ 6, $ 6, SELF-CONTAINED COMPACTOR REAR LOAD FOR CORRECTION 34 CY YD $ $ $ 18, $ 18, TOTAL COST YEAR FIVE $ 121, GRAND TOTAL FOR TWO (2) YEARS $ 242,178.75

3 WASTE MANAGEMENT RECYCLING AND WASTE RATES YEARS FOUR AND FIVE Type, OPTION YEAR FOUR Size Total Total Total Total RECYCLED MATERIALS ARM COMMINGLED 2 cubic yards $ 1, ARM COMMINGLED 3 cubic yards $ ARM COMMINGLED 4 cubic yards $ ARM COMMINGLED 6 cubic yards $ $ ARM COMMINGLED 8 cubic yards $ ARM COMMINGLED 24 cubic yards $ ARM COMMINGLED 96 Gallon $ GENERAL WASTE Total Total Total Total GENERAL WASTE 2 cubic yards $ 1, $ GENERAL WASTE 3 cubic yards $ 3, , $ 1, GENERAL WASTE 4 cubic yards , $ 5, GENERAL WASTE 6 cubic yards , $ 3, , $ 10, , $ 5, GENERAL WASTE 8 cubic yards , $ 5, , $ 33, , $ 33, GENERAL WASTE 10 cubic yards , $ 3, , $ 9, TOTAL $ 25, $ 46, $ 14, $ 33, TOTAL FOR YEAR FOUR $ 120, Type, OPTION YEAR FIVE Size Total Total Total Total RECYCLED MATERIALS ARM COMMINGLED 2 cubic yards $ 1, ARM COMMINGLED 3 cubic yards $ ARM COMMINGLED 4 cubic yards $ ARM COMMINGLED 6 cubic yards $ $ ARM COMMINGLED 8 cubic yards $ ARM COMMINGLED 24 cubic yards $ ARM COMMINGLED 96 Gallon $ GENERAL WASTE Total Total Total Total GENERAL WASTE 2 cubic yards $ 1, $ GENERAL WASTE 3 cubic yards $ 3, , $ 1, GENERAL WASTE 4 cubic yards , $ 5, GENERAL WASTE 6 cubic yards , $ 3, , $ 10, , $ 5, GENERAL WASTE 8 cubic yards , $ 5, , $ 33, , $ 33, GENERAL WASTE 10 cubic yards , $ 3, , $ 9, TOTAL $ 26, $ 46, $ 14, $ 33, TOTAL COST YEAR FIVE $ 121, GRAND TOTAL TWO (2) YEARS $ 242,001.89

4 COUNTY OF MERCER WASTE AND RECYCLING COMPACTORS AND CONTAINERS YEARS FOUR AND FIVE WASTE MGMT YEAR FOUR $ 240, YEAR FIVE $ 243, GRAND TOTAL TWO (2) YEARS $ 484,180.64

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7 SPECIFICATIONS FOR REMOVAL AND DISPOSAL OF SOLID WASTE AND RECYCLABLES FROM VARIOUS LOCATIONS IN MERCER COUNTY INTENT The County of Mercer requests bids for removal and disposal of solid waste and recyclables from various county facilities for a period of three years with the option to extend two years based upon the index rate. Bidders shall comply with the requirements of N.J.A.C. 7:26. CORRECTION CENTER COMPACTOR The county requires work for the excavation and replacement of the concrete slab currently installed at the Mercer County Correction Center. The county has provided the specification and signed and sealed drawing. Bidders and/or Subcontractors must be registered as New Jersey Public Works Contractors at the time of the bid opening to perform this work. The contractor shall install a Marathon RJ-250SC 34 cubic yard self contained, rear load compactor with monitoring system or equivalent for the Mercer County Correction Center. Bidders shall contact Lt. Eric Boné at Ext for a site visit. The bid work requires removal of the existing concrete pad and installation of a new concrete pad. A separate contract shall be let through the New Jersey State Contract for asphalt work; therefore this project work requires coordination through Lt. Eric Bone. SCOPE OF WORK The Contractor will be responsible for the removal of waste and recyclables from all locations listed in this specification will remove all waste and provide all necessary recycling containers waste Compactors and waste. Disposal of solid waste shall be at a facility licensed and approved by the Mercer County Improvement Authority. The Contractor will assume all costs for the disposal of solid waste. Vendor shall provide a contract administrator for this account. Please provide name and telephone number. This contract shall be consistent with the New Jersey Recycling Act and the Mercer County Solid Waste Management Plan including provisions of the Mercer County Recycling Plan Ordinance. The contractor shall comply with all referenced statutes and ordinances which are currently in effect in the State of New Jersey and the County of Mercer. Contact the Mercer County Improvement Authority at (609) with questions regarding Solid Waste Disposal and Recycling. According to the Universal Waste Rule as promulgated by the US EPA, there shall be no restriction as to the type of waste collected except that material as defined by the New Jersey Recycling Act. All waste containers shall be provided by the vendor and shall be clearly identified for waste collection intended, e.g., solid waste shall be marked as such and recyclables shall be marked accordingly. All recyclable containers shall be secured by a locking device. The Contractor shall not remove solid waste materials contaminated with recyclables designated for source separation by the Mercer County Recycling Ordinance. If the Contractor finds containers of solid waste materials contaminated with recyclable materials, he shall notify the County designee and the Mercer County Improvement Authority. After three notifications the Contractor shall not remove containers until the County has removed the contaminants. The County is responsible to ensure that waste is not commingled with recycling. If the contaminants are not detected until the solid waste reaches the Mercer County Transfer Station, the Contractor shall endeavor to ascertain the source of said contamination and notify the County Designee. Commingling of solid waste and recyclables is a violation of law and the Contractor will be held responsible for the enforcement thereof.

8 The Contractor shall maintain all containers in good repair. All containers shall be painted as required to maintain good appearance. that cannot be repaired or repainted shall be replaced. The County reserves the right to add, delete, or relocate containers and compactors; and increase or decrease the size of containers and compactors as necessary based on the needs of each facility. The Contractor will be compensated as per the terms and rates specified in the bid proposal. The Contractor will provide a replacement Container or Compactor within 24 hours of notice. The county shall be billed only for actual removal and disposal at each facility. If the contractor is unable to provide the pull or disposal as per the attached schedule (refer to Appendix A and the proposal pages) the County shall not be billed. Compactor located at the Correction Center shall be self-contained. Due to the high volume of food waste, said container shall not leak and shall be cleaned and sanitized weekly. are located in the receiving/maintenance area of The Mercer Youth Detention Center. The Mercer House container is located in the main parking area. COMPACTORS AND ROLL OFF WASTE CONTAINERS The County requires New, leak-proof Compactors and Waste with an internal on-call device, which signals the Waste Hauler that the container is full. The Compactor at the Mercer County Correction Center shall be rear-loading. The Contractor shall provide and retain ownership of the new compactors and containers, equipment and software throughout the contract period. The installation of New Compactors shall include but not be limited to electric, chute or ramp work, enclosures and fencing, flatwork/concrete work and guide rails of the above containers shall be at the sole expense of the contractor. The compactor on-call Device shall be set for an 85% full call in order to allow time for pick-up. COLLECTION QUANTITIES The County has provided historical tonnage collected by the current vendor in 2010 and This information is presented for informational purposes only and has been provided by the current contractor. The proposal pages are based upon the cost to rent and haul containers TRASH TONS 2010 RECYCLING TONS 2009 TRASH TONS 2009 RECYCLING TONS The Contractor shall submit monthly billings for each location serviced. Said billings shall be remitted to the user Department. BILLING All invoices for collection shall be accompanied by a hard copy and electronic spreadsheet in Microsoft Excel format, to include; date of invoice, facility serviced, County, weight, weight slip number, the period of time for which service was rendered, container size, number of containers, frequency of service, haul fee, waste and recycling type, name and address of disposal facility, tipping fee base rate and all associated miscellaneous charges and total charges.

9 CONTINUITY OF SERVICE DURING EMERGENCIES The Contractor shall have contingency plans to ensure that the Services continue during emergency periods such as, but not limited to, major equipment breakdown, national or local strikes, severe weather conditions, power outages and traffic disruptions. The Technical Proposal shall indicate a description of the Contractor s contingency plan for ensuring Services during emergencies. Collections curtailed by emergency conditions shall be picked up within 48 hours of the regularly scheduled collection. WAGE REPORTING Enacted legislation requires wage records in connection with contracts for the collection or transportation of solid waste and recycled materials. The law covers government issued contracts for curbside or centralized (i.e., dumpster based) collection of solid waste or recyclables from residential, apartment or commercial facilities; collection of solid waste from government facilities and transportation of solid waste or recyclables from governmentally operated transfer stations or dropoff facilities. Solid waste includes recyclable materials. The law excludes recycled or reclaimed asphalt or concrete. The law excludes reporting by contractors or subcontractors that employ a total of more than 1,000 employees. Contractors are required to retain records and report to the County on each individual engaged in collection and transportation work. Reporting is only for the work performed under the contract with the County. The following information must be kept and reported for each employee: Name, the actual hourly rate of wages paid, and the actual daily, overtime and weekly hours worked. Within 10 days of paying an employee, provide the County with the certified payroll record reporting the required information. Open the following link (Control Click) on Payroll Certification for Public Works Project. For compliance with the law, columns 1-5 must be completed, columns 6 through 9 are not applicable and the employee s address is not required; only the employee s name. In addition to reporting to the County, you are required to make the information available for inspection. The county shall retain the certified payroll reports for two years and shall make the records available for inspection. PLEASE REFER TO THE FOLLOWING COUNTY DESIGNEE FOR EACH FACILITY: DEPARTMENT CONTACT TELEPHONE NUMBER Administration Building Pat Pragliola (609) Correction Center Lt. Bone (609) Courthouse (Criminal/Civil) Ed Urbanik (609) Dempster Fire Training Center Ed Urbanik (609) Election Warehouse Robert Lester (609) Extension Service Ed Urbanik (609) Library System Richard J. Cavallo (609) Mercer County Park Commission Rob Doherty (609) Mountain View Golf Course Jay Long (609) Mercer Oaks Golf Course Jay Long (609) Princeton County Club Jay Long (609) Public Works Ed Urbanik (609) Trenton Mercer Airport Don Kintzel (609) Youth Detention Center Ed Urbanik (609)

10 COLLECTION OF ACCEPTABLE RECYCLABLE MATERIALS FOR THE COUNTY OF MERCER SCOPE OF SERVICES The County requests bids for collection of Class A recyclable material at various County facilities as described in Appendix A. The collection of Acceptable Recyclable Materials (ARM), collected from various collection points within Mercer County Government facilities will be transported by the Contractor directly to a recycling facility that accepts recyclable materials, as defined by the New Jersey Department of Environmental Protection. The Services consist of furnishing all permitting, equipment and vehicles, supervisory, operating and maintenance personnel and equipment as necessary to provide single stream curbside collection services of ARM for Mercer County residents. The Contractor is responsible for the collection of all ARM placed in the recycling containers or waste receptacles. New collection points may be added in the future. A current schedule of locations and collection days is attached in Appendix A. The awarded contractor shall provide containers and collection for locations referenced in Appendix A. RECYCLING MATERIALS DESCRIPTION The awarded Contractor shall be responsible for collection of Class A recyclable materials. CONTRACTOR SUPPLIED EQUIPMENT AND PERSONNEL The Contractor shall supply all equipment, labor and vehicles necessary to operate and maintain the contract. SAFETY AND SECURITY The Contractor shall be responsible for the safety of all employees ODORS, LITTER, NOISE AND NUISANCE CONTROL The Contractor shall comply with all applicable laws and regulations regarding odors, litter, and noise and nuisance control during collection and transport operations. The Contractor is specifically directed to N.J.A.C. 7:29 (Noise Regulations). All Single Stream ARM s shall be properly collected from the County sites with no debris left on County property.

11 WASTE COLLECTION SCOPE OR SERVICES The County requires the awarded contractor to provide rental of all equipment and refuse pickup/disposal services at all county agencies stated in this RFB. The services may include equipment rental of containers and ancillary equipment and refuse collection and disposal and the necessary permits and licenses to provide refuse disposal services. CONSULTATION Refer to Appendix A for a listing of facilities and the number, type and size of containers needed by each facility. The County reserves the right to increase or decrease the containers depending upon volume. The awarded Contractor shall supply the number of containers needed. Removal of or additional containers shall be provided within two (2) working days after receipt of order. The County reserves the right to make the final determination as to what size or type of container shall be utilized, providing they are a standard size and/or type. The County will determine the location and placement of containers. EQUIPMENT, SUPPLIES, AND LABOR The Contractor shall furnish all new compactors and containers and equipment supplies and labor required to provide the services as specified. Contractor must be able to pick-up and transport each container at full capacity, within the laws set forth by the New Jersey Department of Transportation. Any additional pick-ups as a result of the Contractor not being able to haul legal limits per container shall be at the expense of the Contractor, unless pick-up is requested by an authorized representative of the agency. EQUIPMENT SPECIFICATIONS : The County will require access to specific types of compaction containers, and containers configured for general refuse collection. Compaction containers shall be constructed with design features according to intended end-use application. Examples of minimal features include, but are not limited to: 1. Construction of prime structural steel sheet, plate, channel, and tubing, and heavy grade plastics. 2. Compactor shall have the ram finish in a forward position to prevent access into the container. 3. Compactor shall have a locking doghouse containment enclosure with barn door style steel doors. 4. Compactor shall have a liquid sump and the container body shall be liquid tight. 5. Any liquids that bypass the ram shall be drained back into the container body. 6. Compactor area behind ram shall be accessible for cleaning/sanitizing. 7. Compactor and roll-offs shall have a waste compactor monitoring system. The system shall alert one or more parties when reaching maximum capacity. The alert is to be sent no less than five (5) business days to desired pick-up. 8. Compactor controls shall be lockable to prevent unauthorized access and operation.

12 WASTE COMPACTOR MONITORING SYSTEM The system shall electronically monitor the fullness level of the compactor container, using on-site hardware. If deemed necessary by the facility due to no phone lines present in the area of the compactor, the system shall operate on a wireless connection, enabling system to operate without standard telephone lines. The system shall have remote programmable Full call-out level, using hydraulic pressure, exclusively. Pick-up will be made only when container has reached designated fullness level. EQUIPMENT MAINTENANCE Contractor shall assume all maintenance costs, travel, parts and labor for rental equipment, to provide preventive maintenance and all necessary repairs to maintain the equipment in a fully operational condition. The Contractor shall clean and disinfect any food refuse containers and surrounding areas to prevent contamination and odors. This service shall be performed on an as needed (to be determined by the facility) basis. Contractor will be responsible for keeping all containers clean and in good repair. Damaged containers and container parts must be repaired or replaced by the Contractor within seven (7) working days, or upon agency request. If a compactor malfunctions and is estimated to be out of service for more than eight (8) hours, the Contractor shall provide sufficient front loader general refuse container unit(s) to accommodate the waste stream, until such time as the compactor can be repaired. The charge for these emergency placement unit(s) shall be at the same rate bid by the Contractor for that size and type of unit. If the compactor cannot be repaired to a fully functional status within one (1) week after notification by the facility, the Contractor shall replace the compactor, at no cost to the County. FREQUENCY OF PICKUP Frequency of pickup is defined in Appendix A per the facility specifications. Additional pickup/disposal services, requested by each facility, shall be supplied within twenty-four (24) hours after receipt of order or as mutually agreed upon by the facility and the Contractor. In the event of a facility emergency, the Contractor shall provide equipment/disposal within twenty-four (24) hours of notification. HAULING AND DISPOSAL Contractor collection/transport procedures and solid waste disposal operations must be in compliance with all applicable regulations of the Local County Health Department, Mercer County Solid Waste Management District, and the New Jersey Department of Environmental Protection. EFFICIENCY Compactors and/or roll-offs shall be at or above eighty percent (80%) capacity. If the Facility finds that they are not being utilized to maximize efficiency and minimize cost, they shall consult with the Contractor who then may suggest changes in placement, number or size of said compactors. HOLIDAYS INCLEMENT WEATHER Should any normal pickup and delivery day coincide with a County holiday, the pickup of trash/refuse shall be accomplished at a time and day mutually agreeable to all parties. The facility shall have the final choice if a mutual agreement cannot be reached. In the case of deep snow or other severe weather conditions that prevent scheduled trash pickup, the pickup shall be accomplished during the next normal workday. It is the responsibility of the Facility to provide clear access to each refuse container. There will be no extra charge permitted by the Contractor for digout of snow-blocked containers.

13 SITE CLEAN UP Contractor shall clean up any spillage, loose bags, or loose trash that may be around the container or may result when emptying the trash container. Contractor is responsible to rake or sweep areas if necessary to remove all debris. Contractor shall carry rakes and brooms on trucks. All container lids will be closed subsequent to refuse removal. CLEAN FUEL TECHNOLOGY Vehicles: When available and to lower carbon emissions, vehicles for refuse hauling should utilize clean fuel technology, i.e. compressed natural gas (CNG), liquid propane gas (LPG), E85 fuel, biodiesel (B100), methane or be electric hybrids, etc. Contractor shall make every effort to incorporate this technology as it becomes available. STAFFING Bidders shall identify management, supervisory or other key staff that will be assigned to the contract. The County designee(s) are stated in the specifications. COSTS AND CHARGES Monthly container charges will include all costs associated with placement of the equipment on site, preventive maintenance, repair parts, and all labor associated with maintaining the equipment in full operational status. No additional taxes, fees, or charges above the monthly cost will be charged to the State for any reason. HAUL COST For containers that cannot be weighed and invoiced per ton, per haul cost shall be defined as the Contractor s total charge for collection and disposal of one (1) container of refuse and/or trash from designated facility to the disposal facility. TONNAGE COST Tonnage cost is the charge per ton transported to the disposal facility. Per ton charges are assessed according to the disposal site s weight slip tonnage.

14 WAGE RECORDS Enclosed is a copy of enacted legislation regarding wage records in connection with contracts for the collection or transportation of solid waste and recycled materials. The law covers government issued contracts for curbside or centralized (i.e., dumpster based) collection of solid waste or recyclables from residential, apartment or commercial facilities; collection of solid waste from government facilities and transportation of solid waste or recyclables from governmentally operated transfer stations or drop-off facilities. Solid waste includes recyclable materials. The law excludes recycled or reclaimed asphalt or concrete. The law excludes reporting by contractors or subcontractors that employ a total of more than 1,000 employees. Contractors are required to retain records and report to the County on each individual engaged in collection and transportation work. Reporting is only for the work performed under the contract with the County. The following information must be kept and reported for each employee: Name, the actual hourly rate of wages paid, and the actual daily, overtime and weekly hours worked. Within 10 days of paying an employee, provide the County with the certified payroll record reporting the required information. A copy of the Payroll Certification for Public Works Project may be accessed through this link. For compliance with the law, columns 1-5 must be completed, columns 6 through 9 are not applicable and the employee s address is not required; only the employee s name. In addition to reporting to the County, you are required to make the information available for inspection. The county shall retain the certified payroll reports for two years and shall make the records available for inspection. The Payroll certification must be submitted to the County not more than 10 days after the payment of wages. Please forward completed certified payrolls to the County of Mercer, Buildings and Grounds and Mercer County Park Commission as applicable to locations served.

15 CHAPTER 88 AN ACT regarding wage records in connection with certain contracts for the collection or transportation of solid waste. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: C.34:11-68 Records required relative to collection, transportation of solid waste. 1. a. Every contract with a public body under which a contractor or subcontractor engages in the work of the collection or transportation of solid waste, including any recyclable materials other than recycled or reclaimed asphalt or concrete, for the public body shall contain a provision requiring the contractor and subcontractor to keep an accurate record showing the name, the actual hourly rate of wages paid to, and the actual daily, overtime and weekly hours worked by, each individual engaged in the collection and transportation work done under the contract, and any other records deemed necessary by the commissioner for the enforcement of wage payments, and the records shall be preserved for two years from the date of payment. The record shall be open at all reasonable hours to the inspection of the public body awarding the contract, any other party to the contract, and the commissioner, and the contractor or subcontractor shall submit a certified payroll record showing only the name, the actual hourly rate of wages paid to, and the actual daily, overtime and weekly hours worked by each individual engaged in the collection and transportation work done under the contract, in a form satisfactory to the commissioner, to the public body for each payroll period not more than 10 days after the payment of wages. The public body shall make the certified payroll record open at all reasonable hours to the inspection of any party to the contract, the commissioner, and any member of the public. b. With respect to any contract with a public body for the collection or transportation of solid waste, including any recyclable materials other than recycled or reclaimed asphalt or concrete, the commissioner shall have the authority to investigate and ascertain the wages of workers employed in connection with the contract, enter and inspect the place of business or employment of the workers to question the workers and examine, inspect and copy any books, registers, payrolls, and other records regarding the wages, hours, and other conditions of employment of the workers, require from the contractor or subcontractor written statements, including sworn statements, regarding wages, hours, names, addresses, and other information about the workers the commissioner deems appropriate, and require the contractor or subcontractor to file, within 10 days of receipt of a request, any records enumerated in this section, sworn to as to their validity and accuracy. If the contractor or subcontractor fails to provide the requested records within 10 days, the commissioner may direct within 15 days the fiscal or financial officer charged with the custody and disbursements of the funds of the public body which contracted for the work to withhold immediately from payment to the contractor or subcontractor up to 25% of the amount, not to exceed $100,000, to be paid to the contractor or subcontractor under the terms of the contract. The amount withheld shall be immediately released upon receipt by the public body of a notice from the commissioner indicating that the request for records has been satisfied.

16 c. Any contractor or subcontractor who willfully hinders or delays the commissioner in the performance of his duties in the enforcement of this section, or fails to make, keep or preserve any records required under the provisions of this act, or falsifies any of the records, or refuses to furnish or make available any of the records to the commissioner upon demand, otherwise violates any provision of this act or any regulation or order issued under this act, shall be guilty of a disorderly persons offense and shall, upon conviction, be subject to a fine of not less than $100 nor more than $1,000, imprisonment for not less than 10 nor more than 90 days, or by both the fine and imprisonment. As an alternative to or in addition to any other sanctions, if the commissioner finds that the contractor or subcontractor has violated this act, the commissioner is authorized to assess and collect administrative penalties, up to a maximum of $2,500 for a first violation and up to a maximum of $5,000 for each subsequent violation, specified in a schedule of penalties to be promulgated as a rule or regulation by the commissioner in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). When determining the amount of the penalty imposed because of a violation, the commissioner shall consider factors including the history of previous violations, the seriousness of the violation, the good faith of the contractor or subcontractor and the size of the business. No administrative penalty shall be levied pursuant to this section unless the commissioner provides the alleged violator with notification of the violation and of the amount of the penalty by certified mail and an opportunity to request a hearing within 15 days following the receipt of the notice. If a hearing is requested, the commissioner shall issue a final order upon such hearing and a finding that a violation has occurred. If no hearing is requested, the notice shall become a final order upon expiration of the 15-day period. Payment of the penalty is due when a final order is issued or when the notice becomes a final order. Any penalty imposed pursuant to this section may be recovered with costs in a summary proceeding commenced by the commissioner pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Any sum collected as a fine or penalty pursuant to this section shall be applied toward enforcement and administrative costs of the Division of Wage and Hour Compliance in the Department of Labor and Workforce Development. d. For the purposes of this section: "Commissioner" means the Commissioner of Labor and Workforce Development or his duly authorized representatives. "Public body" means the State of New Jersey, any of its political subdivisions, any authority created by the Legislature of the State of New Jersey and any instrumentality or agency of the State of New Jersey or of any of its political subdivisions. Contractor or subcontractor means a contractor or subcontractor who employs less than 1,000 employees in the State of New Jersey.