(a) Evaluation. The executive director will consider the following factors in evaluating the proposals:
  (1) consistency with the department's safety, maintenance, operation, and beautification objectives;
  (2) maximization of revenue or development of department telecommunications infrastructure; and
  (3) any other benefit to the department.
(b) Counteroffer and negotiation.
  (1) The executive director may discuss an acceptable or potentially acceptable proposal with a telecommunications provider to assess the provider's ability to meet the solicitation requirements.
  (2) The executive director may permit the provider to revise its proposal in order to obtain the best final offer. If one provider is offered the opportunity to discuss and revise its offer, then all providers who meet the requirements will receive the same opportunity.
  (3) The executive director will not discuss or disclose the contents of competing proposals during the process of negotiation.
  (4) The executive director may reject all offers.
  (5) The executive director will notify the selected provider in writing.
(c) Execution.
  (1) Agreement. The provider shall sign the agreement within 90 working days from the date of notification to the provider.
  (2) Exclusivity. The agreement may allow for the exclusive use of a portion of the department's median or other facilities. The agreement may require the provider to be a wholesaler of telecommunications capacity.
  (3) Termination. The agreement will include provisions for termination and may include provisions requiring removal of improvements at the provider's cost in connection with termination.
  (4) Access to right of way.
    (A) The provider shall give the department 48 hours prior notice before entering department right of way to perform any installation, maintenance, or operation. The provider must follow a traffic control plan which incorporates the requirements of the Texas Manual on Uniform Traffic Control Devices.
    (B) The telecommunications provider may enter department right of way to correct an emergency situation if the department is notified as soon as practical after the event. Even under emergency conditions the provider shall follow traffic safety control procedures.
  (5) Maintenance. In the absence of specific provisions in the agreement, the telecommunications provider is responsible for all maintenance associated with installations.

Source Note: The provisions of this §25.806 adopted to be effective September 15, 1998, 23 TexReg 9432.