CTR054971_Contractor_Proposal.pdf

Procurement

OFFER AND ACCEPTANCE

Solicitation No: BPM002912 Available online at https://app.az.gov

Rev 04/2020

OFFER

TO THE STATE OF ARIZONA:

The undersigned hereby offers and agrees to perform in compliance with all terms, conditions, specifications and amendments of this solicitation and any written exceptions in the offer. Signature also acknowledges receipt of all pages indicated in the Table of Contents.

Helmer & Associates

Offeror (Company) Name Signature of Person Authorized to Sign Offer

4409 E Friess Drive Robert T Helmer

Address Printed Name Date Phoenix AZ 85032

Proprietor

City State Zip Title tom.helmer@cox.net 602-377-4258

Email Address Phone Number

602-493-5621 Company Email Address Fax Number

By signature in the Offer section above, the Offeror certifies that the submission of the Offer did not involve collusion or other anticompetitive practices.

ACCEPTANCE OF OFFER (FOR DEPARTMENT USE ONLY)

The Contractor is now bound to perform based upon Contract Number ____________________________including all terms, conditions, specifications, amendments, etc., and the Contractor's offer as accepted by the state.

The Contractor is hereby cautioned not to commence any billable work or provide any material, service or construction under this contract until contractor receives a purchase order document.

State of Arizona

Effective this day of 20

Procurement Officer Awarded Date https://app.az.gov/

PARTICIPATION IN BOYCOTT OF ISRAEL

SPO Form 205 (rev 10-2019)

Boycott of Israel Disclosure Please note that if any of the following apply to this Solicitation, Contract, or Contractor, then the Offeror shall select the “Exempt Solicitation, Contract, or Contractor” option below:

• The Solicitation or Contract has an estimated value of less than $100,000;

• Contractor is a sole proprietorship;

• Contractor has fewer than ten (10) employees; OR

• Contractor is a non-profit organization.

Pursuant to A.R.S. §35-393.01, public entities are prohibited from entering into contracts “unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of goods or services from Israel.”

Under A.R.S. §35-393:

1. "Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with entities doing business in Israel or in territories controlled by Israel, if those actions are taken either:

(a) Based in part on the fact that the entity does business in Israel or in territories controlled by Israel.

(b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business reason.

2. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.

5. "Public entity" means this State, a political subdivision of this State or an agency, board, commission or department of this State or a political subdivision of this State.

The certification below does not include boycotts prohibited by 50 United States Code Section 4842 or a regulation issued pursuant to that section. See A.R.S. §35-393.03.

In compliance with A.R.S. §§35-393 et seq., all offerors must select one of the following:

The Company submitting this Offer does not participate in, and agrees not to participate in during the term of the contract, a boycott of Israel in accordance with A.R.S. §§35-393 et seq. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

☐ The Company submitting this Offer does participate in a boycott of Israel as described in A.R.S. §§35-393 et seq.

Exempt Solicitation, Contract, or Contractor.

Indicate which of the following statements applies to this Contract:

☐ Solicitation or Contract has an estimated value of less than $100,000;

☐ Contractor is a sole proprietorship;

☐ Contractor has fewer than ten (10) employees; and/or ☐ Contractor is a non-profit organization.

Company Name Signature of Person Authorized to Sign

4409 E Friess Drive

Robert T Helmer Address Printed Name

Phoenix AZ 85032

ADOT CONFIDENTIALITY AND TRADE SECRETS

Rev 04/2020

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract.

Recognizing there may be materials included in a solicitation response that is proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 (attached) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(52).

This form must be completed and returned with the response to the solicitation and any supporting information to assist the State in making its determination as to whether any of the materials submitted as part of the solicitation response should be designated confidential because the material is proprietary or a trade secret and therefore not subject to disclosure.

All offerors must select one of the following:

X My response does not contain proprietary or trade secret information. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

My response does contain trade secret information because it contains information that:

1. Is a formula, pattern, compilation, program, device, method, technique or process, AND

2. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; AND

3. Is the subject of efforts by myself or my organization that are reasonable under the circumstances to maintain its secrecy.

Please note that failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by A.A.C. R2-7-101(52) will become public in accordance with A.A.C. R2-7-C317. The State reserves the right to make its own determination of Proposer’s trade secret materials through a written determination in accordance with A.A.C. R2-7-103.

If the State agrees with the proposer’s designation of trade secret or confidentiality and the determination is challenged, the undersigned hereby agrees to cooperate and support the defense of the determination with all interested parties, including legal counsel or other necessary assistance.

By submitting this response, proposer agrees that the entire offer, including confidential, trade secret and proprietary information may be shared with an evaluation committee and technical advisors during the evaluation process. Proposer agrees to indemnify and hold the State, its agents and employees, harmless from any claims or causes of action relating to the State’s withholding of information based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the State in defending such an action.

4409 E Friess Drive Robert T Helmer

Phoenix AZ 85032 Proprietor

ADOT CONFIDENTIALITY AND TRADE SECRETS

Rev 04/2020

R2-7-103. Confidential Information

A. If a person wants to assert that a person's offer, specification, or protest contains a trade secret or other proprietary information, a person shall include with the submission a statement supporting this assertion. A person shall clearly designate any trade secret and other proprietary information, using the term "confidential". Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section.

B. Until a final determination is made under subsection (C), an agency chief procurement officer shall not disclose information designated as confidential under subsection (A) except to those individuals deemed by an agency chief procurement officer to have a legitimate state interest.

C. Upon receipt of a submission, an agency chief procurement officer shall make one of the following written determinations:

1. The designated information is confidential and the agency chief procurement officer shall not disclose the information except to those individuals deemed by the agency chief procurement officer to have a legitimate state interest;

2. The designated information is not confidential; or

3. Additional information is required before a final confidentiality determination can be made.

D. If an agency chief procurement officer determines that information submitted is not confidential, a person who made the submission shall be notified in writing. The notice shall include a time period for requesting a review of the determination by the state procurement administrator.

E. An agency chief procurement officer may release information designated as confidential under subsection (A) if:

1. A request for review is not received by the state procurement administrator within the time period specified in the notice; or

2. The state procurement administrator, after review, makes a written determination that the designated information is not confidential.

ADOT LOBBYING CERTIFICATE

SOLICITATION NO: BPM002912 Available online at https://appstate.az.gov/

ARIZONA DEPARTMENT OF TRANSPORTATION

LOBBYING CERTIFICATION

CERTIFICATION FOR FEDERAL AID CONTRACTS

Applies to: Federal-aid contractors, and consultants, as well as lower tier sub-contractors and sub-consultants

The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly.

10/21/2020

SIGNATURE DATE

TITLE

DISCLOSURE OF LOBBYING ACTIVITIES

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352

(See next page for public burden disclosure.)

1. Type of Federal Action:

2. Status of Federal Action:

3. Report type:

a. Contract

b. Grant

c. Cooperative agreement

d. Loan

e. loan guarantee

f. loan insurance

a. bid/offer/application

b. initial award

c. post-award

a. initial filing

b. material change

For Material Change Only:

year quarter date of last report

4. Name and Address of Reporting Entity:

Prime Subawardee

5. If Reporting in No. 4 is a Subawardee, Enter Name and Address of Prime:

Congressional District, if known: Congressional District, if known:

6. Federal Department Agency:

7. Federal Program Name/Description:

CDFA Number, if applicable:

8. Federal Action Number, if known:

9. Award Amount, if known:

10.a. Name and Address of Lobbying Entity (if individual, last name, first name, MI):

b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI):

11. Amount of Payment (check all that apply):

13. Type of Payment (check all that apply):

actual planned

a. retainer

b. one-time fee

c. commission

d. contingent fee

e. deferred

f. other, specify

12. Form of Payment (check all that apply):

a. cash

b. in-kind; specify nature value

14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated in Item 11:

(attach Continuation Sheet(s) SF-LLL-A, if necessary)

15. Continuations Sheet(s) SF-LLL-A attached Yes No

16, Information requested through this form is authorized by title 31 U..S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the ties above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352.

This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature:

Print Name:

Title:

Telephone No.:

Date:

Federal Use Only

Authorized for Local Reproduction Standard Form - LLL

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. This is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include

Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, bans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in hem 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid

(IFB) number; grant announcement number; the contract, grant, or ban award number; the application/proposal control number assigned by the Federal agency).

Include prefixes, e.g., "RFP-DE-90-001".

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in hem 4 to influence the covered

Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered.

Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.

15. Check whether or not a SF-LLL-A Continuation Sheet (s) is attached.

16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348~046), Washington, D.C. 20503.

DISCLOSURE OF LOBBYING ACTIVITIES

CONTINUATION SHEET

Reporting Entity:

Page of

ECS - Form 90-3

BUY AMERICA CERTIFICATION - FHWA

A bidder or offeror must submit the appropriate Buy America certification (below) with all bids or offers on FHWA funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement applies to lower tier subcontractors.

Certification requirement for procurement of steel, iron, or manufactured products.

Certificate of Compliance with 23 U.S.C 313 - The bidder or offeror hereby certifies that it will meet the requirements of 23 USC 313 and the applicable regulations in 23 CFR 635.410

Signature________________________________________________ Date _____10/22/2020_______

Company Name________ Helmer & Associates ________________________________________

Title __________________ Proprietor __________________________________________________

PRICE INCREASE PERCENTAGES

Rev. 04/2020

The offeror should use the space below to identify the maximum price increase percentage that they may want to request at the time of renewal if ADOT exercises its option per the applicable provisions under any resultant contract(s).

1st Renewal Period _________3__________% Maximum Increase

2nd Renewal Period _________6__________% Maximum Increase

3rd Renewal Period __________9_________% Maximum Increase

4th Renewal Period __________12_________% Maximum Increase

The offeror is cautioned that each renewal period’s increase percentage shall be computed against the ORIGINAL contract price. If information is not provided in the space above, prices shall remain the same as the original contract term. Please see the following example for further clarification.

Example: If the offeror anticipates requesting a 2% increase at each renewal period per Special Terms and Conditions, they should enter 2%, 4%, 6%, and 8% in the attachment. Each percentage increase is calculated using the original contract price.

See example in table below.

Renewal Period

% Maximum Increase from Attachment

Original Contract Price

Maximum Increase Allowed

Maximum Contract Price

1 2% $100.00 $2.00 $102.00 2 4% $100.00 $4.00 $104.00 3 6% $100.00 $6.00 $106.00 4 8% $100.00 $8.00 $108.00

Furthermore, the offeror is advised that the State of Arizona does not automatically grant any increase when renewing the contract. If an increase is requested, documentation of need must be provided at the time of renewal.

From: ADOT Business Engagement and Compliance Office AZUTRACS-Support@azdot.gov Subject: Bidders List for Helmer & Associates

Date: October 22, 2020 at 2:41 PM To: tom.helmer@cox.net Cc: ContractorCompliance@azdot.gov

Helmer & Associates, AZUTRACS Number: 16326 has submitted a Bidder/Proposer list for BPM002912 on 10/22/2020 at 2:40 PM

MST (UTC - 07:00).

Helmer & Associates submitted a blank bidders/proposers list. This means that they did not list any firms that they reached out to or were contacted by during the preparation of this bid/proposal. NOTE: Subbing out work is encouraged, where applicable. Under some circumstances, no subbing opportunities are available.

mailto:OfficeAZUTRACS-Support@azdot.gov mailto:OfficeAZUTRACS-Support@azdot.gov mailto:tom.helmer@cox.net mailto:ContractorCompliance@azdot.gov http://utracs.azdot.gov/FirmProfile?bidderId=16326

General Appraisal/Review Appraisal

"Not Proposed"

General Appraisal/Review Appraisal

"Not Proposed"

A3011801 46

A SUMMARY APPRAISAL REPORT

Of

Out Of Home Billboard Real Estate Assets

(Leased Fee & Leasehold Interest in Permitted Billboard Site and Sign Structure)

Situated on Property Located at 5001 Paseo del Norte

West of I-25, STA 267+26.19 (N Side Paseo del Norte)

Bernalillo County, New Mexico

Appraised For New Mexico Department of Transportation

POST OFFICE BOX 1149

SANTA FE, NEW MEXICO 87505-1149

PROJECT: A301180

HIGHWAY: PASEO DEL NORTE AND I-25

PARCEL: I-10 (portion)

Date of Valuation

October 8, 2013

Appraised By

R. T. (TOM) HELMER PHD, MAI

TEMPORARY NEW MEXICO LICENSE TP-3917

ARIZONA CERTIFIED GENERAL REAL ESTATE APPRAISER CERTIFICATE NO.

30259

Robert Helmer Billboard/Outdoor Advertising Appraisal

A301180 2

April 29, 2015

Ronald Noedel Right-of-Way Bureau Chief New Mexico Department of Transportation Post Office Box 1149 Santa Fe, New Mexico 87505-1149

Commercial Appraisal, Inc.

c/o Gareth N. Burman, MAI 7000 Prospect Place, N.E., Suite D Albuquerque, New Mexico 87110

RE: LEASED FEE & LEASEHOLD INTEREST(S) — BILLBOARD REAL ESTATE ASSETS

Hogue/Jackl Property(ies) — Lot A, 5001 Paseo del Norte, Albuquerque, Bernalillo County, New Mexico, NMDOT Project: #A301180 – Paseo del Norte and I-25 County Parcel Number: UPC 1-017-064-1466-041-40103 Date of Value: October 8, 2013 Date of Inspection: April 14, 2015

Dear Messrs. Noedel and Burman:

Pursuant to your request as representative for New Mexico Department of Transportation (NMDOT), I have inspected the above referenced Hogue Property (Jackl Advertising Property) and performed a valuation assignment involving the appraisal of the contributory market value of certain billboard assets situated on the Property referenced above as of the date of value. The certain assets include a permitted outdoor advertising (OA) fee site improved with a sign structure (OA Property) comprising the total fee simple billboard real estate assets on the existing Property.

It should be noted the billboard structure was removed prior to my inspection and has been identified by digital observation. This is a retrospective appraisal assignment.

In adherence to the unified rule of valuation and the purpose of this valuation process, the contributory market value of the leased fee and leasehold real estate property interests of the OA Property will be valued as part(s) of the whole fee Real Property under single ownership, assuming the billboard land use will contribute to the highest and best use of the whole property into the foreseeable future, notwithstanding the I–25 improvement project. In addition, in compliance with the unified rule of valuation (unit rule and undivided fee rule) the analyses will include an allocation or apportionment of OA Property value between the leased fee and leasehold estates and by implication the existing sign structure and the existing permitted sign site.

Robert Thomas (Tom) Helmer, PhD MAI Billboard Valuation Consultant/Appraiser Offices: Telephones:

4409 E Friess Drive. 602.493.5621 Phoenix, AZ 85032 602.377.4258 Cell E-Mail: tom.helmer@cox.net

A301180 3

The herein estimated market values of the various interests of the OA Property other than the leased fee and leasehold interests are provided for informational purposes for the client. This report sets forth my opinions of value, along with a summary of supporting data that form the basis of my opinions and conclusions.

The attached Summary Appraisal Report has been prepared to comply with my understanding of the requirements of the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation, the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute and NMDOT Section 3.2-Summary Appraisal regulations. For this appraisal assignment, the Report provides sufficient facts, data and detail for the client and other intended users. Work files retained in the appraiser’s office include copies of documents reviewed and considered in this appraisal assignment.

The client of this appraisal assignment is the New Mexico Department of Transportation. This report is intended for use only by the client, their legal counsel and agents, or by other parties with legal interest in the property valuation as deemed appropriate by the client. The appraiser does not intend use of this report by any others except those mentioned above.

The reader’s attention is directed to the Scope of Work section of the Report for a discussion of the overall premises of this assignment; including definition of general and specific terms, jurisdictional/legal directives and considerations, summary of appraisal problems, valuation principles, identification and allocation of assets, and appraisal contingencies to be considered in this valuation assignment.

The opinion of value expressed and offered in this appraisal assignment and report is contingent upon the ordinary and extraordinary assumptions and limiting conditions, jurisdictional exceptions, and the appraiser’s certifications as they appear in this Report and upon careful consideration of the scope of work and premises of this appraisal assignment. Based on the client’s appraisal assignment request, the reader should give particular attention to the special extraordinary assumptions and limiting conditions regarding the herein defined OA assets.

If errors or additional relevant data or information come to the attention of the appraiser, the appraiser reserves the right to rescind the opinions of value in this Report and to offer new opinions, as necessary, to reflect the contributory market value of the herein defined property interest being appraised in this assignment.

The appraiser of this valuation assignment is Robert Thomas Helmer, PhD MAI. Mr. Helmer is a MAI member of the Appraisal Institute and a State Certified General Real Estate Appraiser in the state of Arizona and New Mexico (TP-3917). The appraiser has worked on numerous billboard appraisal/consulting and review assignments regarding various billboard assets in the state of Arizona. Qualifications of the Appraiser are included in the addenda of this report.

Robert Thomas (Tom) Helmer, PhD MAI Billboard Valuation Consultant/Appraiser Offices: Telephones:

4409 E Friess Drive. 602.493.5621 Phoenix, AZ 85032 602.377.4258 Cell E-Mail: tom.helmer@cox.net

A301180 4

The appraiser has carefully considered the available relevant data affecting the market value of the said OA Property; including jurisdictional directives of applicable state law, locational attributes, market conditions, and physical and legal characteristics of the said property.

This is a Summary Appraisal Report and presents only summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser’s opinion of value. Supporting documentation concerning data, reasoning, and analyses is retained in the appraiser’s file. The depth of discussion contained in this report is specific to the needs of the client and for its intended use.

Based upon the information contained within the body of this report, the Contributory Market Value of the real property outdoor advertising assets, as of October 8, 2013, is:

THREE HUNDRED SEVENTY THOUSAND TWO HUNDRED DOLLARS

($370,200.00)

Based upon the information contained within the body of this report and based on an estimated allocation of values the contributory value of the Leased Fee position in the subject property, as of October 8, 2013, is:

TWO HUNDRED NINETY FIVE THOUSAND DOLLARS

($295,000.00)

Based upon the information contained within the body of this report and based on an estimated allocation of values the contributory value of the Leasehold position in the subject property, as of October 8, 2013, is:

SEVENTY FIVE THOUSAND TWO HUNDRED DOLLARS

($75,200.00)

Respectfully submitted, R.T. (Tom) Helmer PhD MAI Temporary New Mexico License TP-3917 Arizona Certified General Real Estate Appraiser Certificate No. 30259

A301180 5

5001 Paseo Del Norte (North side of Paseo; East of the Jefferson stop light Right Read for Westbound traffic to view:

14' X 48' bulletin former trivision (rotating 3 faces); vinyl static as of October 8, 2013

5001 Paseo Del Norte Cross read for eastbound traffic to view: 14' X 48' former trivision (rotating 3 faces);

vinyl static as of October 8, 2013. Note bushes on right of photo are within median.

The traffic lane shown is westbound. The visibility from the eastbound lane is subject to the distraction of the bushes.

A301180 6

Table of Contents

Table of Contents

Summary of Salient Facts and Conclusions

Extraordinary Assumptions and Limiting Conditions

Reporting Options

Ordinary Assumptions and Limiting Conditions

Purpose of the Appraisal

Reason for the Appraisal

Definition of Value

Definition of Contributory Value

Client and Intended Users:

Client’s Intended Use:

Identification of Property Appraised:

Right of Accompaniment:

Scope of Work

Definitions of General and Specific Terms

Jurisdictional Exception Rule

Hypothetical Conditions

Extraordinary Assumptions

Project Influence Premise

Summary of Appraisal Problems

Valuation Premises

Area Data

Neighborhood/Market Area Analysis

Description of the Sign Structure Improvements

Highest and Best Use

The Valuation Process

Cost Analysis

Income Capitalization Approach

Step No. 1: Determination of Market Net Advertising Revenue

A301180 7

Step No. 2: Determination of Market Rent and Annual Gross Income for the Fee OA Real Estate Package Lease

Step No. 3: Determine and Deduct the Operating Expenses for an estimate of Net OA Package Rental Income

Step No. 4: Determine the Market Capitalization Rate and Calculate the Contributory Market value of the Fee Simple Interest of the Instant OA Property

Allocation and Apportionment of Contributory Structure, Site Leased Fee and Leasehold Values

Reconciliation:

ADDENDA

A301180 8

Summary of Salient Facts and Conclusions IMPORTANT ASSUMPTION for this appraisal report:

The following appraisal/report is based on the assumption that the instant billboard property land use will contribute over the foreseeable future to the highest and best use of the whole real property. Under this assumption, the following estimates of contributory market value of the OA Property will be as considered in detail in this report.

The property ownership and tenure is assumed to reflect the Hogue Properties leased fee consistent with no project influence.

Appraisal Assignment (Purpose): Estimate the contributory market value of the fee interest of the herein defined OA Property, involving a permitted fee site improved with a sign structure, as part of the whole underlying fee Property. From this undivided unit fee value an allocated contributory value of the leased fee and leasehold interest(s) will be estimated.

Property Location: 5001 Paseo del Norte; East of Jefferson Street and West of I-25, Bernalillo County, New Mexico, latitude 36.17434, longitude -106.587189 Assess or UPC #: 1-017-064-466-041-40103

Site Area: 6.4029 acres or 278,910 net square feet, including 3,000 square feet hypothetical sign area

Property Rights Appraised: Fee Simple interest in a “permitted” billboard site improved with a sign structure (OA Property), as part of the whole underlying fee Property as well as Leased Fee & Leasehold Interests.

Fee Landlord:

OA Tenant (Lessee):

Hogue Properties Jackl Advertising LLC

Important Dates of the Appraisal: Valuation: October 8, 2013 Inspection: April 14, 2015 Report: April 29, 2015

Land (Sign Site): One “permitted” billboard location Improvements: One monopole billboard structure with two

14’ x 48’ bulletin displays with primary westbound exposure and cross read exposure to eastbound traffic on Paseo del Norte.

Zoning: SU-2, M-1 or C, Bernalillo County, NM Intended User/Use:

Highest and Best Use of Whole Fee Property:

New Mexico Department of Transportation (NMDOT), for property acquisition purposes.

Any Commercial Use—including outdoor advertising billboard site.

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Value Conclusions: Cost Approach N/A, Sales Comparison Approach N/A; analysis simultaneously incorporated in Income Approach Income Approach—Direct Capitalization Method & Discounted Cash Flow $370,200

Estimated Contributory Market value: Total Billboard Fee Real Property Assets $370,200

Leased Fee Interest Real Property Assets $295,000

Leasehold Interest Real Property Assets $ 75,200

Extraordinary Assumptions and Limiting Conditions It is assumed that the instant billboard property land use will contribute over the foreseeable future to the highest and best use of the whole real property, as described herein. Under this assumption, the following estimate of contributory market value of the OA Property will be as considered in detail in this report.

Certain market data in regard to the subject billboard property were obtained from the client, property owner, billboard business operators, public billboard company records, ad agency personnel, other appraisers, public records, personal research, and advertisers in the market place. This data is assumed to be reliable and accurate.

If errors or additional relevant data or information come to the attention of the appraiser, the appraiser reserves the right to rescind the opinions of value in this appraisal assignment and Report and to offer new opinions, as necessary, to reflect the market value of the herein defined property interest being appraised in this assignment.

The property ownership and tenure is assumed to reflect the Hogue Properties leased fee consistent with no project influence.

The acquisition requires 17,035 square feet from 6.5775 acres larger parcel. The billboard is sited on the acquired area and considered to enclose 3,000 square feet, which fronts Paseo del Norte.

After the acquisition then the remainder would have access and the sign could be physically relocated or replaced to the northerly remainder to face the east-west traffic (especially with a higher height above grade level. In any event the remainder was considered to not afford a new sign site. Therefore this condition is also assumed in this appraisal.

The original Action Graphics TriVision package is assumed to be inoperative in this appraisal since neither face has been used since November 2011.

Apart from the site visit the appraiser was restricted from direct communication with Hogue Properties and/or Jackl Advertising LLC. The appraiser may amend the valuation and render this report invalid if any information foregone by this proscription would have a material effect on this valuation.

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The Area Data and the Neighborhood/Market Area Data includes the narrative contained in the appraisal of the larger Hogue property effective October 8, 2013 prepared by Gareth N. Burman, MAI of Commercial Appraisal, Inc. This appraisal of the real OOH assets is an integral part of the Burman appraisal of the larger parcel effective October 8, 2013.

Reporting Options The herein defined property analysis and valuation is reported in a Summary Appraisal Report, prepared in conformance with the NMDOT Valuation Handbook and coincidently with the Uniform Standards of Professional Appraisal Practice and the Uniform Appraisal Standards for Federal Land Acquisitions.

Ordinary Assumptions and Limiting Conditions

In the preparation of this appraisal report, the following conditions apply:

x The property is appraised as if owned in fee simple title without encumbrances, unless otherwise mentioned in particular sections of this report. And that the fee simple estate in the property contains the sum of all fractional interests that may exist.

x The title to this property is assumed to be good and marketable and the value estimate is given without regard to any questions of title, boundaries, encumbrances, or encroachments. No attempt has been made to render an opinion of title or the status of easements, if any, or of any other matter of legal character.

� Any legal description of the property provided by the client (or client representative) is assumed to be correct. It has not been verified by legal counsel or title company and should be so verified before being used in any conveyance or other legal document.

� The value reported assumed that applicable taxes and special assessments are entirely paid and that the property is free and clear of such assessments.

� The value estimate is based on current economic conditions at the time of appraisal.

� This appraisal assumes the various inputs to the analysis will be fulfilled as mentioned herein or as provided to me for this appraisal.

� While I observed no evidences of unstable soil conditions, I did not make an engineering study of the soil composition or bearing capacity.

� In order to arrive at a supportable conclusion, it was necessary to utilize both documented and hearsay evidence of market transactions. A concerted effort has been put forth to verify the accuracy of the information herein contained. Accordingly, the information is believed to be reliable and correct and has been gathered according to generally accepted appraisal procedures.

� No responsibility is assumed for accuracy of information furnished by or from others, the client, his designee, or public records. We are not liable for such information or the work of possible subcontractors. The comparable data relied upon in this report has been confirmed with one or more parties familiar with the transaction or from affidavit or other source thought reasonable; all are considered appropriate for inclusion to the best of our factual judgment and knowledge. An impractical and uneconomic expenditure of time would be required in attempting to furnish unimpeachable verification in all instances, particularly as to engineering and market-related information. It is suggested that the client consider independent verification within these categories

A301180 11 as a prerequisite to any transaction involving sale, lease, or other significant commitment of subject property, and that such verification be performed by the appropriate specialists.

x Exhibits: Sketches, drawings, diagrams, and photographs presented in this report are included for the sole purpose of illustration as of the date of the photos. No legal survey or soil test concerning the subject has been provided. Accordingly, no responsibility is assumed concerning these matters, or other technical or engineering techniques that would be required to discover any inherent or hidden conditions of the subject property. Site plans are not surveys unless shown as being prepared by a professional surveyor.

� Possession of this report or any copy thereof does not carry with it the right of publication, nor may it be used for other than its intended use; the physical report(s) remain the property of the appraiser for the use of the client, the fee being for the analytical services only.

o The Bylaws and regulations of the Appraisal Institute require each Member to control the use and distribution of each appraisal report signed by each Member; except as hereinafter provided, the client may distribute copies of this appraisal report in its entirety to such third parties as he may select; however, selected portions of this appraisal report shall not be given to third parties without the prior written consent of the signatories of this appraisal report.

Neither all nor any part of this report, especially any conclusions as to value, identity of the appraiser, or firm with which he is connected, or any reference to the Appraisal Institute, the MAI designation shall be disseminated to any person or company through advertising media, public relations media, news media, sales media, or any other public or private means of communication or by way of copies without prior written consent of the individual author.

� The client to whom this report is addressed may use it in deliberations affecting the subject property only, and in so doing, the report is not to be extracted but used in its entirety. Only those copies of this report bearing an original signature under seal will be supported by the appraiser.

x Testimony, Consultation, Completion of Contract for Appraisal Services: The agreed upon compensation for services rendered in preparing this report does not include a fee for court preparation or court appearance. Should a court appearance be required in connection with this report, an additional fee will have to be agreed upon. The contract for appraisal, consultation or analytical service, is fulfilled and the total fee payable upon completion of the report. The appraiser(s) or those assisting in preparation of the report will not be asked or required to give testimony in court or hearing in connection with the reporting and preparation of the appraisal, in full or in part, nor engage in post appraisal consultation with client or third parties except under separate and special arrangement and at additional fee. If testimony or deposition is required because of any subpoena, the client shall be responsible for any additional time, fees, and charges regardless of issuing party.

� Responsible ownership and competent management exist for the property.

� The appraiser is not responsible for the accuracy of opinions furnished by others and contained in this report, nor is he responsible for the reliability of government data utilized herein.

� The appraisers reserve the right to review and alter the contents of this report, including Market Value conclusions, especially if reported data or elements of material fact are discovered to be incorrect or absent from this report.

� The values assigned to improvements shown in this report are in proportion to the contribution said improvements make to the value of the property as a whole. The separate valuations or adjustments for land and buildings (or other site improvements) must not be used in conjunction with any other appraisal and are invalid if so used, or if used separately.

� Compensation for appraisal services is dependent only upon delivery of this report, and is not contingent upon values estimated.

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� This report considers nothing of legal character and the appraiser assumes no responsibility for matters of legal nature.

� Construction, whether existing or to be completed, is assumed to be done according to plans and specifications furnished the appraiser; and such construction is legal in character and meets all governmental requirements.

� Information furnished by property owner, agent, or management is correct as received.

� This report or any of its contents may not be used for the sale of shares or similar units of ownership in the nature of securities, without specific prior approval of the appraiser. No part of this appraisal may be reproduced without permission of the appraiser.

� The appraiser cannot predict or evaluate the possible effects of future wage price control actions of the government upon rental income or financing of the subject property; hence, it is assumed that no control will apply which would nullify contractual agreements, thereby changing property values.

� The appraisal report assumes that the property is not, nor will it be, in violation of the National

Environmental Policy Act, State Environmental or Clean Air Act, or any and all similar government regulations or laws pertaining to the environment.

� This report is the confidential and private property of the client and the appraiser. Any person other than the appraiser or the client who obtains and/or uses this report or its contents for any purpose not authorized by the appraiser or the client is hereby forewarned that all legal means to obtain redress may be employed against him.

x Confidentiality: This appraisal is to be used only in its entirety. All conclusions and opinions of the analysis set forth in the report were prepared by the Appraiser(s) whose signature(s) appear on the appraisal report, unless indicated as “Review Appraiser”. No change of any item in the report shall be made by anyone other than the Appraiser and/or officer of the firm. The Appraiser and firm shall have no responsibility if any such unauthorized change is made.

o The Appraiser may not divulge the material (evaluation) contents of the report, analytical findings or conclusions, or give a copy of the report to anyone other than the client or his designee as specified in writing except as may be required by the Appraisal Institute as it may request in confidence for ethics enforcement, or by a court of law or body with the power of subpoena.

� Unless otherwise stated, it is assumed by the undersigned that adequate utility services are available for the subject property and will continue to be so in the foreseeable future.

� Virtually all land in New Mexico is affected by pending or potential litigation by various Indian tribes claiming superior water rights for their reservations. The amounts claimed and the effects on other water users are largely undetermined, but the claims could result in some curtailment of water usage or ground water pumping on private land. The new Ground Water Management Act may also restrict future ground water pumping in various parts of the state. Given this uncertainty, neither the undersigned nor any of his representatives can make warranties concerning rights to or adequacy of the water supply with respect to the premises, although the sale of premises include such water rights as are appurtenant thereto.

� In this appraisal assignment, the existence of material potentially hazardous to the environment, which may or may not be present on the property, has not been considered. In the event of contamination of the subject property either prior or subsequent to the date of this appraisal report, the valuation estimate will not be supported. Removal and disposal of hazardous material is both expensive and time consuming. Direct and indirect costs for abatement or containment of

A301180 13 contaminated air, water, solid substances, chemicals or material hazards may reduce property value drastically. Potential costs for litigation, detrimental long term health effects, lost revenues, inability to transfer clear title and demolition can in certain cases exceed the otherwise fair market value of affected real property.

o I have not identified any toxic waste and/or possible hazardous contaminant on the site;

however, it does not mean that such materials do not exist (either on or under). The appraiser is without the expertise to identify and/or detect such substances. If a toxic waste and/or contaminant are detected, the value estimate appearing in this report is null and void.

If a reappraisal is required, it will be made at an additional charge and upon receipt of any additional information requested (i.e., what the toxic waste and/or contaminant is and the cost of removal) by the appraiser.

o The appraiser is not qualified to detect such substances. No responsibility is assumed for such conditions or for engineering studies, which may be required to discover them. We urge the client to retain an environmental engineer or an expert in this field, if desired.

� Statement of Policy: The following statements represent official policy of the Appraisal Institute, with respect to neighborhood analysis and the appraisal of residential real…