Specifications include, but are not limited to: Shall identify property damaged and maintain a database of the property damaged, including but not limited to the following: Signs Signals Lighting Guardrail and cable rail Attenuators Crash cushions and traffic barrels Concrete barrier walls Retaining walls Curbs Fences Intelligent transportation system (ITS) facilities Paving Bridges and overpasses Drainage structures State vehicles and off road equipment Other state property Incident responses and cleanup activities, including environmental clean-up on the state highway system and right of way, as applicable, including without limitation state employee time and all costs associated with procurement and award of contractor for remediation. r. Obstruction removal from right of way (abandoned trailers, vehicles, rocks, landscaping). Shall develop a process for obtaining and monitoring the SC Traffic Collision Report (TR310) associated with the damage and utilize the SC Traffic Collision Report to accomplish the following: Identify the individual(s) and/or company(ies) which caused damages; Identify any responsible parties; Identify available insurance coverage. Contractor will need to have an SCDOT account and remote access for access to the Safety Management System (SMS) or Risk Management Information System (RMIS) Shall notify SCDOT of damage claims in construction work zones Shall prepare documentation of the cost to repair the damage using the actual cost of removal of obstructions, incident response or environmental cleanup; standard parts and labor price sheet to assist the Contractor in preparing claim estimates; or the contract unit prices for the items damaged. SCDOT may provide read-only access to the SCDOT’s Maintenance Management System (HMMS or its successor the Enterprise Asset Management System – EAMS that is planned to go-live in 2024) to obtain the costs. The SCDOT will work with the Contractor to calculate such standard charges based on historical data. SCDOT reserves the right to assign damage claims to the contractor for processing. At a minimum, the contractor shall obtain the following documents, as applicable, for each claim: Repair costs and estimates; Invoices; Crash reports; Claim demand letters; Insurance company claim acknowledgement letters; Related correspondence and written notes documenting communications with responsible parties, insurance companies, or others with respect to any claim; Payment receipts; Disposition of salvage; and Other documentation as required by the SCDOT to preserve a record of activities related to each claim. Shall file insurance claims for damages involving SCDOT property pursuing the maximum recovery available. Shall prepare claim demand letters, invoices, insurance company claim acknowledgement letters, and other documentation SCDOT may require, such as related correspondence and written notes documenting communications with responsible parties, insurance companies, or others with respect to any claim. In cases of accidents involving a death related to the responsible party, invoices shall only be sent to the insurance company. In cases of bankruptcy, shall cease collection efforts, notify SCDOT, and shall not file a proof of claim unless specifically authorized by SCDOT. SCDOT reserves the right to waive or eliminate claims on specific incidents. Shall ensure that all claim payments are made payable to the Contractor. As an option for payment, the Contractor shall provide a solution to accept credit cards for claim payments. The application shall accept [Cards to be determined by Respondent’s proposal: Visa, MasterCard, Discover Card, and American Express.] In addition to seeking payment of the full amount of each claim from the responsible party (or negotiated settlement amount approved by the SCDOT, where applicable or by installment agreement), the Contractor also shall seek recovery of authorized administrative cost from the responsible party. The Contractor shall then deduct its administrative cost from the funds collected prior to remitting the balance of the funds collected with the SCDOT. The Contractor shall remit the accumulated amount of all approved payments, less administrative fees, to the SCDOT twice monthly, once by the 20th of the month and secondly by the 5th of the following month. Shall provide 30, 60, and 90 day dunning of past due invoices. Shall attempt to recover all claims. If a promise of payment is established, a claim may remain open for up to twelve (12) months from the date of first notice. If payment of the claim has not been recovered or a payment plan (installment agreement) established within twelve (12) months after the initial demand for payment, the Contractor shall refer the claim to the SCDOT with a recommendation either to close the claim; refer the claim to the SC Department of Revenue (DOR) under the Setoff Debt and/or GEAR program for collection; refer to SCDOT for legal action or approval of a negotiated settlement performed by the Contractor. The SCDOT shall have sole discretion to accept any negotiated settlement in an amount less than the full value of the damage, to refer any claim for legal action, to refer any claim to DOR, or to close the claim. The proposed disposition shall include one of the following: proposed negotiated settlement may be based on estimated costs of repair or incident response/cleanup/removal costs or on a partial payment of the claim; or If the SCDOT’s decision is to refer the claim for legal action or approval of a negotiated settlement, the Contractor shall compile all relevant documentation regarding the claim and submit it to the SCDOT for further review. The Contractor shall respond promptly to any requests for additional information regarding the claim; or If the SCDOT decides to close the claim, Contractor shall prepare documentation as needed for submittal of the request to the SCDOT to approve closure of the claim. Shall provide support services to SCDOT regarding negotiating payment processes on claims, including claims with non-insured and/or under insured responsible individuals or parties. The SCDOT may allow installment agreements to be used. The SCDOT may allow contractor to have negotiation authority up to a specified amount or percentage if determined efficient and effective. All negotiated settlements, except those rendered under approved negotiation authority, must be approved by SCDOT. Shall allow SCDOT to retain the right to all salvage and allow any action regarding salvage be at the sole discretion of SCDOT. Shall implement processes, procedures, and innovative methodologies that will increase the likelihood of identification of damaged property and recovery and/or increase the dollar amount of the recovery for property damage claims incurred by SCDOT. Shall allow SCDOT to reserve sole discretion whether to pursue or not pursue any property damage claim(s).
