DENVER INTERNATIONAL AIRPORT CONCESSIONS HANDBO...
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1 DENVER INTERNATIONAL AIRPORT CONCESSIONS HANDBOOK AND TENANT WORK PERMIT GUIDE Concessionaire’s Reference Guide for Rules, Regulations, Performance, and Operational Information
Transcript of DENVER INTERNATIONAL AIRPORT CONCESSIONS HANDBO...
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DENVER INTERNATIONAL AIRPORT
CONCESSIONS HANDBO OK
AND
TENANT WORK PERMIT GUIDE
Concessionaire’s Reference Guide for Rules, Regulations,
Performance, and Operational Information
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ACKNOWLEDGMENT AND AGREEMENT
As the Owner/Operator/Regional Manager/General Manager or other designee of the
Concessionaire, I hereby acknowledge and agree to abide by all the terms stated in this
Concessions Handbook and Tenant Work Permit Guide (“Concessions Handbook”), and any
changes as it may be amended from time to time during the Term.
Per Section 19.01 of the Concession Agreement, "Concessionaire covenants to faithfully observe
and comply with the standards, procedures, requirements, directives, delegations of authority,
directions, and instructions governing the operations of concessions at DEN as identified in the
Concessions Handbook. Concessionaire’s failure to keep and observe said laws, regulations,
ordinances, rules, and Handbook shall constitute a material breach of the terms of this Agreement
in the same manner as if these were stated directly in this Agreement.”
It is the responsibility of each Concessionaire to communicate the information contained in this
Concessions Handbook to all personnel, contractors, and third-party vendors. Violations will be
handled via Article VIII and/or other applicable provisions of the Standard Concession Agreement.
The City reserves the right to update this Concessions Handbook at any time. Concessionaire will
be informed of such updates via letter sent to the email provided to DEN.
Acknowledged and Agreed:
CONCESSIONAIRE:
Name
Signature
Title
Date
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CHAPTER 1: TENANT WORK PERMIT GUIDE OVERVIEW ......................................... 7
ARTICLE I. INTRODUCTION .................................................................................................. 7
ARTICLE II. REFERENCE TO TERMS.................................................................................. 7
ARTICLE III. CONTACT INFORMATION ............................................................................ 7
ARTICLE IV. USEFUL INFORMATION ................................................................................ 8
CHAPTER 2: TENANT WORK HANDBOOK ..................................................................... 10
ARTICLE I. GENERAL CONSTRUCTION PROVISIONS ................................................ 10
COMPLIANCE WITH LAWS AND REGULATIONS ............................. 10
REQUIRED MINIMUM CAPITAL INVESTMENT ................................. 10
PREMISES IMPROVEMENTS AND TRADE FIXTURES ...................... 11
ARTICLE II. DESIGN ............................................................................................................... 11
DESIGN STANDARDS .............................................................................. 11
DESIGN PERIOD ....................................................................................... 11
DESIGN PROCEDURES ............................................................................ 11
APPROVED PROJECTS ............................................................................ 11
ARTICLE III. CONSTRUCTION ............................................................................................ 13
PRE-CONSTRUCTION .............................................................................. 13
NOTICE TO PROCEED ............................................................................. 13
CONTRACTOR’S BOND .......................................................................... 14
STANDARD OF PERFORMANCE ........................................................... 15
COORDINATION OF CONSTRUCTION ................................................. 15
CONSTRUCTION DEADLINES ............................................................... 15
BEGINNING CONSTRUCTION ............................................................... 15
CONSTRUCTION PROCEDURES ............................................................ 16
ARTICLE IV. PROJECT CLOSEOUT ................................................................................... 17
CERTIFICATE OF OCCUPANCY ............................................................ 17
REQUIRED DOCUMENTS ....................................................................... 17
TITLE TO IMPROVEMENTS ................................................................... 18
ARTICLE V. SIGNS AND WINDOW DISPLAYS................................................................. 18
GENERAL ................................................................................................... 18
UNIFORM STANDARDS .......................................................................... 18
STOREFRONT SIGNAGE ......................................................................... 18
INTERIOR SIGNAGE ................................................................................ 18
ARTICLE VI. MODIFICATIONS AND ALTERATIONS.................................................... 19
GENERAL ................................................................................................... 19
SUBSEQUENT CONSTRUCTION ............................................................ 19
REMOVAL AND DEMOLITION OF IMPROVEMENTS ....................... 20
AS-BUILT DOCUMENTS ......................................................................... 20
ARTICLE VII. ENVIRONMENTAL REQUIREMENTS ..................................................... 20
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CONSTRUCTION ....................................................................................... 20
PROHIBITIONS .......................................................................................... 20
ARTICLE VIII. MIDTERM REFURBISHMENT ................................................................. 21
GENERAL ................................................................................................... 21
MIDTERM REFURBISHMENT MEETING ............................................. 21
ROUTINE REFURBISHMENT .................................................................. 21
ARTICLE IX. DUTIES UPON EXPIRATION ....................................................................... 21
END OF TERM TRANSITION .................................................................. 21
RIGHTS AND OBLIGATIONS ................................................................. 21
ARTICLE X. MISCELLANEOUS PROVISIONS ................................................................. 22
PAYMENT OF PREVAILING WAGE RATES ...................................... 22
SBE, DBE, AND MBE/WBE PARTICIPATION ..................................... 22
ACDBE COMPLIANCE ........................................................................... 24
ACDBE UTILIZATION REPORTING .................................................... 24
INSURANCE REQUIREMENTS ............................................................. 24
INSURANCE ............................................................................................. 25
EVIDENCE OF INSURANCE ................................................................. 26
CHAPTER 3: CONCESSIONS HANDBOOK ........................................................................ 27
ARTICLE XI. GENERAL AIRPORT OPERATIONS .......................................................... 27
BADGING PROCESS ............................................................................... 27
EMPLOYEE PARKING ........................................................................... 27
U.S. MAIL ................................................................................................. 27
LOST AND FOUND ................................................................................. 27
CONCESSION MANAGER’S MEETINGS ............................................ 28
ARTICLE XII. FINANCIAL INFORMATION ...................................................................... 28
PAYMENTS .............................................................................................. 28
FEES AND CHARGES ............................................................................. 28
FINANCIAL REPORTS ........................................................................... 29
SURETY FOR PERFORMANCE ............................................................. 32
JOINT MARKETING FUND ................................................................... 33
ARTICLE XIII. PERFORMANCE INFORMATION ........................................................... 33
PERMITTED USES .................................................................................. 33
RESTRICTIONS ....................................................................................... 34
PERMITS AND LICENSES ..................................................................... 34
WASTE MANAGEMENT ........................................................................ 34
SUSTAINABILITY ................................................................................... 35
SUSTAINABILITY PROGRAMS ............................................................ 35
ROUTINE MAINTENANCE .................................................................... 37
PREVENTATIVE MAINTENANCE OBLIGATION ............................. 38
UNSATISFACTORY MAINTENANCE.................................................. 39
QUALITY OF GOODS AND SERVICES ............................................... 40
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MERCHANDISING .................................................................................. 40
RIGHT TO DISCONTINUE ..................................................................... 41
TO-GO GOODS AND SERVICES ........................................................... 41
PERSONNEL ............................................................................................ 41
SUBMITTAL OF PROPRIETARY OR CONFIDENTIAL
INFORMATION .............................................................................................................. 42
ARTICLE XIV. OPERATIONAL INFORMATION ............................................................. 43
VALUE PRICING ..................................................................................... 43
PRICE BENCHMARKING ESTABLISHMENT ..................................... 43
PRICING SURVEYS ................................................................................ 44
VALUE PRICING CHANGES ................................................................. 44
HOURS OF OPERATION ........................................................................ 44
CHANGES TO HOURS OF OPERATION .............................................. 45
DELIVERY OF GOODS ........................................................................... 45
CENTRAL RECEIVING AND DISTRIBUTION .................................... 46
STORAGE INSPECTION PROGRAM .................................................... 47
CUSTOMER SERVICE ............................................................................ 47
SERVICE VALUES .................................................................................. 47
SERVICE STANDARDS .......................................................................... 48
IMAGE STANDARDS ............................................................................. 49
CUSTOMER COMPLAINTS ................................................................... 50
MYSTERY SHOPPING ............................................................................ 50
RETURN POLICIES ................................................................................. 50
SECURING MERCHANDISE .................................................................. 50
HANDLING RECEIPTS ........................................................................... 50
CREDIT CARDS ....................................................................................... 51
UNIVERSAL POS SYSTEM .................................................................... 52
MATERIAL SAFETY DATA SHEETS ................................................... 52
DATA & TELEPHONE SERVICES ........................................................ 52
NOISE ........................................................................................................ 53
SECURITY PROGRAM ........................................................................... 53
SAFETY AND SECURITY; SECURIITY PLAN .................................... 53
AIRPORT IDENTIFICATION MEDIA ................................................... 55
PROHIBITED ITEMS ............................................................................... 55
SECURITY VIOLATIONS ....................................................................... 55
LOCKS ...................................................................................................... 55
ADVERTISED PROMOTIONS GUIDELINES ....................................... 56
MEDIA OPPORTUNITIES ...................................................................... 56
DEN CORPORATE IDENTITY ............................................................... 56
COMMUNICATIONS .............................................................................. 56
WIRELESS COMMUNICATION DEVICES .......................................... 56
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LIFE SAFETY TRAINING ....................................................................... 57
SPRINKLERS & SMOKE DETECTORS ................................................ 57
REACTING TO EMERGENCY SITUATIONS ...................................... 57
EVACUATION PLAN .............................................................................. 57
SEVERE WEATHER PLANNING .......................................................... 58
POWER OUTAGE LOSS PREVENTION GUIDELINES ...................... 59
DAMAGING ACTIVITIES ...................................................................... 59
PROHIBITED ACTS ................................................................................ 60
ARTICLE XV. PERFORMANCE REVIEW .......................................................................... 62
FINANCIAL AUDITS .............................................................................. 62
PERFORMANCE AUDITS ...................................................................... 63
REMEDIATION ........................................................................................ 64
REMEDIATION PLANS .......................................................................... 65
DOCUMENT COMPLIANCE .................................................................. 65
SUBMITTALS .......................................................................................... 67
FAILURE TO COMPLY ........................................................................... 67
ARTICLE XVI. PERFORMANCE BOND .............................................................................. 72
ARTICLE XVII. FREQUENTLY ASKED QUESTIONS .......... Error! Bookmark not defined.
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CHAPTER 1: TENANT WORK PERMIT GUIDE OVERVIEW
ARTICLE I. INTRODUCTION
The City and County of Denver, by and through its Department of Aviation (“City”), strives to
maintain the First-Class standards for customer service, facilities, maintenance, cleanliness, and
security that passengers have grown to expect at the Denver International Airport (“DEN”). To
ensure extraordinary standards and service, Concessionaires and their permittees, contractors,
vendors, and employees are required to comply with DEN’s Rules and Regulations pertaining to
conduct and to Concession operation and performance on DEN property or in any DEN building,
as well as all other rules and regulations which are applicable to the operation of their respective
businesses. This Concessions Handbook and Tenant Work Permit Guide (“Handbook”) offers
general guidelines and procedures, clarifies DEN rules and regulations, and answers questions
Concessionaires may have about operating successfully at DEN.
The information in this Handbook is not all inclusive and is subject to change at any time. In the
event of any material inconsistencies between the terms and conditions in this Handbook and those
in the Concessionaire’s Agreement (“Agreement”), the Agreement shall control. The most current
version of this Handbook will be available to download from DEN’s website:
http://www.flydenver.com/. businesses.
ARTICLE II. REFERENCE TO TERMS
Except as the context otherwise requires and unless otherwise expressly provided herein, the
capitalized terms in this Handbook shall have the same meaning as any similarly capitalized terms
defined in the Agreement or any Exhibit thereto, including the City and County of Denver
(“City”), the Department of Aviation (“DEN”), the Chief Executive Officer of the Department of
Aviation (“CEO”), the Executive Vice President Chief of Staff of the Department of Aviation
(“EVP”), the Senior Vice President of Concessions (“SVP of Concessions”), or the Contract
Administrator (“Administrator”).
ARTICLE III. CONTACT INFORMATION
Within sixty (60) days of Execution of the Agreement, Concessionaire must submit a completed
Form A, a copy of which is attached to this Handbook, to [email protected], stating
the names and contact information of their General Manager(s) and other manager(s) and
supervisor(s) at DEN, and must update Form A whenever a change to such personnel is made. It
is each Concessionaire’s responsibility to ensure updated and accurate emergency information is
given to the City when any changes occur in management. This information is for DEN's use only
and will not be distributed publicly. Questions about design, construction, and continual
maintenance of the Premises by Concessionaire should be submitted in writing to the Concessions
Tenant Finish Manager.
CURRENT PROGRAM STATISTICS:
1. Historical passenger statistical information is available online at
https://www.flydenver.com/about/financials/passenger_traffic.
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2. Historical Concessions revenue information is available online at
https://www.flydenver.com/about/financials/concessionaire_reports.
ARTICLE IV. USEFUL INFORMATION
Operating a Concession at DEN is very different from operating a business in a traditional setting.
Customer Service through First Class operations is always a priority of the City. It is imperative
each Concessionaire become part of DEN’s community and share this priority.
The following information provides general points of contact and sources of information with
which Concessionaire should become familiar. Concessionaires should post this list on a visible
wall within the Concession area to ensure ALL employees are familiar with these numbers at all
times.
DEPARTMENT TELEPHONE
NUMBER
EMAIL ADDRESS
Denver Police Department (303) 342-4211
Denver Fire Department (303) 342-4284
Emergency/Paramedics (303) 342-4211
DEN Commerce Hub (303) 342-2351 [email protected]
DEN Ground Transportation (303) 342-4059 [email protected]
DEN Lost & Found (303) 342-4062 https://lostandfound.flydenver.com
Diversity/Small Business
Services Business
Opportunities
(303_342-2180 [email protected]
DEN Parking (303) 342-7275 [email protected]
DEN Global Communications (303) 342-2250 [email protected]
DEN Environmental (303) 342-2730
DEN Maintenance (303) 342-2800
DEN Security (303) 342-4300 [email protected]
DEN Concessions [email protected]
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DEN Waiting Time (303) 342-8477
DEN Workforce Center (303) 342-2590
DEN Business Technologies –
Tenant Services
(303) 342-2012 [email protected]
NAME LINK
City Website http://www.denvergov.org/
DEN Website http://www.flydenver.com/
DEN Rules and
Regulations
http://www.flydenver.com/about/administration/rules_regulations
DEN Press Releases http://www.flydenver.com/about/media_center/press_releases
DEN Business
Information
http://business.flydenver.com/
DSBO Website https://www.denvergov.org/content/denvergov/en/denver-office-of-
economic-development/do-business-with-denver.html
DEN Security
Badging
http://business.flydenver.com/bizops/tenServices/security/index.asp
FAA Website https://www.faa.gov/
TSA Website https://www.tsa.gov/
CDOT Aeronautics https://www.codot.gov/programs/aeronautics
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CHAPTER 2: TENANT WORK HANDBOOK
ARTICLE I. GENERAL CONSTRUCTION PROVISIONS
COMPLIANCE WITH LAWS AND REGULATIONS
Concessionaire and its permittees, contractors, vendors, and employees must comply with all
applicable federal, state, and local laws and all general rules and regulations applicable to
construction and operations at DEN, including payment of prevailing wages as defined in Denver
Revised Municipal Code (“D.R.M.C.”) Section 20-76. Additionally, Concessionaire must pay all
applicable sales and use taxes and comply with DEN environmental controls and specifications,
as well as the Americans with Disabilities Act, 42 USC 12,000 et seq., and its related
regulations.
In addition to the above, Concessionaire and its contractors must comply with all DEN specific
rules and regulations regarding site access, use of site, safety, security, design, and construction.
Concessionaire and its contractors must obtain and pay for all related permits. Failure to comply
will be grounds for denial of access and/or suspension of construction activities. Regulations in
force specific to DEN include but are not limited to the following:
1. Denver Municipal Airport System Rules and Regulations
(http://www.flydenver.com/about/administration/rules_regulations)
2. DEN Design Standard Manual (“DSMs”)
(http://business.flydenver.com/bizops/bizRequirements.asp)
3. DEN Tenant Development Guidelines (“TDGs”)
(https://business.flydenver.com/bizops/documents/tenantManual.pdf)
REQUIRED MINIMUM CAPITAL INVESTMENT
Concessionaire must make minimum capital investments for its Premises, construct all initial
improvements to their Premises, and furnish and equip each Premises at the level necessary for
First Class operations. The Minimum Capital Investment amount for each Concessionaire is set
forth in the Summary of Contract Provisions in the Concessionaire’s Agreement (the “Summary
Page”). Such capital investments will be completed in strict conformity with the final plans and
specifications of an Approved Project.
The Minimum Capital Investment shall not include financial costs, interest, inventory, pre-opening
expenses, or intra-company charges, but may include architectural and engineering fees not to
exceed fifteen (15%) of the total. The Minimum Capital Investment is a material part of the
consideration to the City under all Agreements.
Within sixty (60) days after the Required Opening Date, Concessionaire must file with DEN
releases for the above expenditures and a statement certified by its architect setting forth the total
construction costs with appropriate detail itemizing design fees, original construction contract
amount, total change orders, decorations, furnishings, fixtures, and equipment and the costs of
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each listed item (“Actual Capital Investment”). At DEN's request, Concessionaire must submit
copies of invoices supporting such costs. Non-receipted expenditures will not be credited. If the
total amount of Actual Capital Investment is less than the Minimum Capital Investment,
Concessionaire must pay to DEN the difference between such total cost (as detailed by the certified
receipts) and the Minimum Capital Investment within thirty (30) days after DEN provides written
notice to the Concessionaire. However, CEO has delegated the authority to SVP of Concessions
upon a finding that the Concessionaire constructed the Premises Improvements in strict conformity
with the final plans and specifications as described above.
PREMISES IMPROVEMENTS AND TRADE FIXTURES
All Premises Improvements and Trade Fixtures must be First-Class, safe, attractive, in compliance
with all applicable codes, and may be installed only with DEN's prior written approval.
ARTICLE II. DESIGN
DESIGN STANDARDS
First Class design and construction of the Premises are required, and all Premises Improvements
shall conform to applicable statutes, ordinances, building codes, and regulations; DEN’s Design
Principles, and Design Standards Manual or “DSM”; the Tenant Development Guidelines or
“TDGs”; and any other applicable design, construction and maintenance standard; and including
as any of these may be amended from time to time during the Term. Approval of DEN extends to
all design and construction elements (e.g., architectural, structural, mechanical, specialty systems,
site, signage, materials, color selections, landscaping, and aesthetic matters). DEN’s Design
Principles, DSMs, and TDGs can be found at
http://business.flydenver.com/bizops/bizRequirements.asp.
DEN reserves the right to promptly reject any designs submitted and the right to require
Concessionaire to resubmit designs and layout proposals until approved by DEN. If DEN
disapproves any portion of the plans and specifications, Concessionaire must promptly submit
necessary modifications and revisions thereof. No changes or alterations shall be made in said
drawings or specifications after approval by DEN. Further, no alterations or improvements shall
be made to or upon the Premises without prior DEN approval.
DESIGN PERIOD
All Premises Improvements to be made to or upon the Premises by Concessionaire are subject to
the prior written approval of the SVP of Concessions. Concessionaire must coordinate design plans
and specifications with DEN.
DESIGN PROCEDURES
Manual 1 of the TDGs and this Handbook govern the procedures and requirements regarding
design, including design process and schedule, submittal requirements, review and approval
processes, design modifications, and project coordination.
APPROVED PROJECTS
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1. Prior to Concessionaire’s commencement of any construction activities on its Premises,
Concessionaire must submit and have DEN approve a Design Review Committee Package (“DRC
Package”) consisting of three (3) photo quality renderings that clearly depict the proposed design
concept for the Premises, in context with the surrounding area. The DRC Package must contain:
a. Renderings depicting the space approximately six feet (6’) beyond the demising walls
and include merchandising on the shelves and people in each Premises.
b. One (1) material sample board, floor plan, and reflected ceiling plan for each
Premises, to provide a complete understanding of the space;
c. An electronic copy of the fully complete plans and specifications for all Trade
Fixtures and Premises Improvements for each Premises.
d. Additional documents may be required as necessary to completely and accurately
depict the proposed concept in context with the surrounding area.
Prior to submission of DRC Package, Concessionaire should carefully review the Tenant Design
Guidelines and DEN Concession Design Standards. DEN reserves the right to promptly reject any
submission that is not in material compliance with the foregoing.
DEN shall have approximately fourteen (14) days to review each DRC Package submitted or
resubmitted by the Concessionaire.
2. Once the DRC Package is approved, Concessionaire may move forward with the
construction documents for the Premises. Any design efforts prior to the DRC Package being
approved is at Concessionaire’s own risk. The construction documents must include:
a. All Concessionaire’s finish requirements, including lighting, power, plumbing,
HVAC distribution from the main air supply, HVAC controls for the tie in to the base
building system, supplemental HVAC if needed, life safety systems, interior finishes,
all furnishings, fixtures, trade fixtures, equipment, sections, elevations, isometrics,
details, calculations, signage and project specifications necessary to provide a
complete construction package in a First Class manner.
b. Special attention must be given to the design of the HVAC and electrical systems.
For a concept that creates odors, the mechanical system must be designed or
configured to prevent the transmission of said odors to other portions of DEN.
c. An approved exhaust hood shall be installed above all cooking equipment. This
equipment includes, but is not limited to, grills, stoves, ovens, conveyor toaster, turbo-
chef-ovens, panini press, etc. The space must be designed and constructed so there is
no migration of food odors, cooking odors, smoke, steam, etc. beyond the footprint
of the concession space. The migration of odors, smoke, steam, etc. beyond with
footprint of the concession space will result in the concessionaire’s need to make
modifications to operations, design, or buildout to eliminate migration.
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3. All design and construction drawings submitted by Concessionaire to DEN must be
provided in the latest release of REVIT format in accordance with DEN's DSM. Drawings and
specifications may also be required to be submitted in PDF or similar format.
In addition to the above, Concessionaire is responsible for coordinating with Denver Building
Inspection Division, Zoning, Fire Department, Wastewater Management, Consumer Protection,
and Health and Hospitals, etc. as may be required to comply with submittal, review, and approval
requirements in order to obtain all required permits. Prior to the issuance of a Notice to Proceed
(“NTP”), Concessionaire or its contractor shall deliver to the Senior Vice President of Concessions
copies of all required permits, licenses, and all other documents as required by Manual 1 of TDGs.
NTP documents shall be submitted to the Tenant Finish Group as a complete package.
ARTICLE III. CONSTRUCTION
PRE-CONSTRUCTION
As soon as practicable, but no later than ten (10) days after approval by DEN of the Final Plans,
Concessionaire shall attend a pre-construction meeting with the SVP of Concessions’ Designated
Project Manager.
Prior to commencement of onsite construction activities, the Concessionaire and its contractor
shall attend a pre-construction meeting if so requested by the designated Project Manager. The
Concessionaire may request a pre-construction meeting even if the DEN project manager did not
do so.
NOTICE TO PROCEED
Concessionaire may not construct or install anything within the Premises without DEN’s approval
of the Final Plans and a DEN-issued NTP. Before beginning any construction work on the
Premises, Concessionaire must obtain at Concessionaire’s expense, an NTP. Prior to the issuance
of an NTP, Concessionaire must obtain and pay for all approvals, licenses, and permits required
for the Premises Improvements. Whenever a conflict arises between state or local law, ordinances
or regulations, and federal law or regulations, the most stringent law or regulations applicable to
the Agreement shall control.
Prior to issuance of an NTP for an Approved Project, Concessionaire must submit the required
documentation, listed below, to DEN for review and approval.
The required documents are as follows:
1. An electronic copy of the Approved drawings and specifications;
2. An electronic copy of the construction contract;
3. A sworn statement listing contractors and subcontractors at all tiers, a description of
work, the contract amounts, and approval from the Auditor’s Office that the documents are
acceptable;
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4. An electronic copy of the fully executed Concession Agreement between DEN and
Concessionaire;
5. An electronic copy of contractor’s insurance documentation;
6. Contractor’s original Performance Bond, Payment Bond, and dual obligee rider on DEN
approved form;
7. Original of Concessionaire’s Payment Bond on DEN approved form;
8. An electronic copy of the Building Permit;
9. An electronic copy of the detailed bar chart schedule of construction;
10. An electronic copy of all approved REVIT and Word file construction documents;
11. An electronic copy of the contractor’s safety plan;
12. An electronic copy of the DSBO forms and an approval from them indicating that the
minimum required participation has been met;
13. An electronic sworn statement from Concessionaire certifying that the contractor has
submitted their qualifications. Concessionaire certifies it has investigated the qualifications of its
proposed subcontractors and has identified the existence of any of the following items or certified
to the best of their knowledge and belief that the problems listed below do not exist:
a. Default on a contract within the last 3 years;
b. Default on a contract which required that a surety complete the contract under
payment or performance bonds issued by the surety;
c. Debarment within the last 5 years by a public entity or any organization which has
formal debarment proceedings;
d. Significant or repeated violations of federal Occupational Safety and Health Act
(“OSHA”) safety requirements;
e. Failure to have the required City or Colorado licenses to perform the work described
in the contract; and
f. Conviction within the last 5 years by the contractor, its principal owners, or its officers
of an offense involving fraud or racketeering.
DEN reserves the right to promptly reject any submission that is not in material compliance with
TDGs.
CONTRACTOR’S BOND
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Per Section 10.06.B in the Agreement, each Concessionaire or its contractor must maintain in
effect throughout the construction period a construction performance and payment bond in a sum
not less than one hundred (100%) of the construction contract amount. Said bond must guarantee
prompt and faithful performance of the contract and prompt payment by Concessionaire to its
contractors and by Concessionaire’s contractors to all persons supplying labor, materials, team
hire, sustenance, provisions, provender, supplies, rental machinery, tools, and equipment used
directly or indirectly by the said contractor, subcontractor(s), and suppliers in the prosecution of
the work provided for in said construction contract. Said bonds shall also protect the City and DEN
from any liability, losses, or damages arising therefrom.
STANDARD OF PERFORMANCE
All work done by Concessionaire or its contractor(s) must be done in a First-Class workmanlike
manner using only high-quality grades of materials, and must comply with all insurance
requirements, all applicable laws and ordinances, and all rules and regulations of governmental
departments or agencies.
Whenever a conflict arises between state or local law, ordinances or regulations, and Federal law
or regulations, Federal law or regulations applicable to the Agreement shall control.
COORDINATION OF CONSTRUCTION
Concessionaire must cooperate with DEN and its planners, designers, architects, and engineers in
the construction and installation of the Premises Improvements and Trade Fixtures in the Premises.
Concessionaire must use the plans approved by DEN and City’s Building Code. Concessionaire
must meet with DEN as requested to give progress reports and provide or allow quality control
checks. The designated Project Manager must be copied on all design and construction meeting
correspondence. During the Term of the Agreement, construction may also occur in adjacent areas
surrounding each Concessionaire’s Premises. Concessionaire must cooperate with and grant to
other contractors’ access to its Premises when necessary to accommodate construction occurring
in adjacent areas.
CONSTRUCTION DEADLINES
Concessionaire must construct all Premises Improvements and install all Trade Fixtures on or
before the Required Completion Date of the Approved Project. For initial construction,
Concessionaire must also be Open for Business by the Required Opening Date. The Required
Completion Date and/or Required Opening Date may be extended by the SVP of Concessions if
completion of the Premises Improvements or installation of Trade Fixtures was delayed by
circumstances solely attributable to DEN. In such case, DEN and the Concessionaire will proceed
to document the changed dates on the Development Schedule.
BEGINNING CONSTRUCTION
Concessionaire must, at its own cost and expense, commence construction of an Approved Project
within ten (10) days of the later to occur of: (i) the Date of Possession stated in the NTP for such
Approved Project; or (ii) receipt of Demolition Permit. Concessionaire must construct and install
all initial Premises Improvements and Trade Fixtures necessary for the customary operation of the
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Premises, including, but not limited to, lighting, power, plumbing, HVAC distribution from main
air supply, HVAC controls for the tie in to the base building system, supplemental HVAC if
needed, life safety systems, interior finishes, all furnishings, fixtures, equipment, signage,
counters, display cabinets, interior partitions, lighting, wall and ceiling finishes, flooring and floor
coverings, furniture, furnishings, signage, and all other equipment and furnishings necessary to
operate in a First Class manner.
CONSTRUCTION PROCEDURES
Refer to Manual 1 of the TDGs for procedures and requirements regarding construction.
1. Work Subject to Inspection. All construction work, materials, and installations
involved in or incidental to the construction on the Premises shall be subject at all times to
inspection and regulatory control by City and DEN. In the performance of construction activities
for Premise Improvements and installation of Trade Fixtures, Concessionaire is responsible for
compliance and must require its contractors to comply with all federal, state, and local
environmental requirements including, without limitation DEN’s Environmental Requirements,
detailed below.
2. Safety During Construction. DEN has the right to halt construction of Premises
Improvements or deny access to the site at any time if construction is at material variance from the
approved drawings and specifications, until such variances are corrected. Similarly, if such
construction poses an immediate safety hazard at DEN, DEN has the right to halt construction until
such safety hazard is eliminated. DEN will use its best efforts to alleviate and resolve any such
variance or impediment to the safe operation of DEN so as to permit continued construction as
expeditiously as possible.
3. Submittal of Necessary Information. In order to assist DEN in monitoring and
inspecting construction, Concessionaire must submit or cause to be submitted information and
record copies of all field test reports, certificates of insurance, waivers of liens, material
certificates, shop drawings, and submittals for review for compliance with DEN’s Design and
Construction Standards, contractor application for payment requests, construction progress
reports, notification of Substantial Completion, two copies of maintenance and operation manuals
in connection with building systems and all updates thereof, As-Built documents, and any other
documents related to the construction of Premise Improvements and installation of Trade Fixtures,
which may be reasonably requested by DEN.
4. Change Orders Require Prior Approval. DEN must receive copies of all change
orders. No change order or other contract modification that materially changes the scope of the
Premise Improvements shall be executed without prior approval of the SVP of Concessions. DEN
will approve, conditionally approve, or disapprove submissions of change orders that materially
change the scope of the work within a reasonable period of time following receipt thereof. Any
conditional approval or disapproval shall be accompanied by an explanation as to the reason for
the condition.
5. Maintenance of Safe Construction Site. Concessionaire is responsible for maintaining
a clean, orderly, and safe construction site, free of accumulated construction debris and waste
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materials, and Concessionaire is responsible for legal removal of same. Construction must be
accomplished without interfering with travelers, DEN operations, or other businesses, providing
barricades, and/or construction enclosures as required.
ARTICLE IV. PROJECT CLOSEOUT
CERTIFICATE OF OCCUPANCY
Upon completion of construction of the initial Approved Projects, Concessionaire shall deliver to
DEN a copy of the Temporary Certificate of Occupancy (“TCO”) and Certificate of Occupancy
(“CO”) for the entire (100%) of the Premises if one is issued by City’s Building Department. If a
TCO or CO is not issued by City’s Building Department, Concessionaire must provide a copy of
the final Permit Inspection Card indicating inspection and approval by the issuer of said permit.
Concessionaire must obtain DEN’s written permission to remove its construction wall and must
immediately thereafter Open for Business.
REQUIRED DOCUMENTS
Within sixty (60) days after the Actual Opening Date or completion of any Approved Project
during the Term, Concessionaire must deliver to DEN the following documents as part of the
Project Closeout Activities:
1. Certified proof demonstrating that no liens exist on the Premises, including but not
limited to, a waiver of lien from all Contractors and signed releases from all subcontractors that
indicate receipt of payment in full for all work performed or Trade Fixtures delivered.
2. As-Built record documents of the construction, additions and other modifications
constructed by Concessionaire on the Premises. Any DEN maintained assets or systems shall be
fully connected and include system and equipment loads on and all facility information.
Concessionaire must provide connections and service loads at the point of connection to all DEN
systems. During the Term, Concessionaire must keep said documents current, with all changes or
modifications made by Concessionaire in or to the Premises or additions thereto.
3. A statement certified by Concessionaire’s chief financial officer, or other officer similar
in function or title, specifying the final Capital Investment and final Design related to each of the
Approved Project(s) with the level of detail as requested by DEN.
4. An architect’s certification that construction has been completed in accordance with the
approved plans and specifications and in compliance with all laws and other governmental rules,
regulations and orders, including but not limited to, DSBO approval and Denver City Auditor’s
approval. Upon DEN’s request, Concessionaire must jointly inspect the Premises with DEN to
verify conformity to the Final Plans for each Approved Project within the Premises.
5. Indication from DSBO that all requirements of its office have been satisfied.
6. Copy of Certificate of Occupancy (CO), or in the event a CO was not issued for the
project, a copy of the building permit signature card.
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7. Completion of all DEN identified construction punch list items.
TITLE TO IMPROVEMENTS
All Premises Improvements made to the Premises by Concessionaire, and any additions and
alterations thereto made by Concessionaire, including approved changes and renovations that are
affixed to the realty, shall become the property of City upon their completion and acceptance by
DEN.
ARTICLE V. SIGNS AND WINDOW DISPLAYS
GENERAL
Concessionaire has the right to install and maintain signs on the Premises, provided that the design,
installation, and maintenance of all signs shall be subject to the terms of the Agreement and comply
with this Handbook. Concessionaire must submit to DEN, for review and approval, the size,
design, content, construction or fabrication, and intended location of each sign it proposes to install
within the Premises. Signs may not be placed outside of Concessionaire’s lease lines.
UNIFORM STANDARDS
DEN has the right in its sole discretion to prohibit any sign proposed by Concessionaire.
Concessionaire will not place or cause to be placed or maintained on any exterior door, wall or
window of the Premises any sign, awning or canopy, or advertising matter or other thing of any
kind, and will not place or maintain any exterior lighting, plumbing fixture or protruding object or
any decoration, lettering or advertising matter on the glass of any window or door of the Premises
without first obtaining DEN's written approval and consent. At Concessionaire’s sole cost and
expense, upon demand by the SVP of Concessions, Concessionaire must immediately remove any
sign installed in violation of the foregoing. In the event any sign is installed in violation of
foregoing, Concessionaire must, at its own cost and expense, return the site of such sign to its
condition prior to the placement or erection of the sign. Concessionaire must maintain any
approved sign, awning, canopy, decoration, lettering, advertising matter, or other thing as may be
approved in First Class condition.
STOREFRONT SIGNAGE
Concessionaire must affix a sign to the exterior surface of the storefront of each Premises, subject
to the advance approval of and field inspection by DEN. Concessionaire is responsible for all costs
of fabricating, constructing, operating, and maintaining such sign including, without limitation, all
charges for electricity. Concessionaire must keep said sign well-lit while open for business.
INTERIOR SIGNAGE
DEN will permit Concessionaire to install and operate signs on the Premises that are professionally
fabricated and/or printed, subject to written approval by DEN.
Concessionaire must request DEN's approval by submitting a written request, accompanied by a
detailed rendering or drawing of the proposed sign and the proposed location. All signs located in
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the interior of a Premises must be in good taste so as not to detract from the general appearance of
the Premises or DEN. No symbol, design, name, mark, or insignia adopted by City for DEN shall
be used without the prior written consent of DEN.
Under no circumstances may any handwritten or temporary signs or displays be posted or used by
Concessionaire, including but not limited to, any price lists or employment opportunity signs in a
Premises. Concessionaire may place decals relating to credit or charge cards accepted on
storefronts where warranted, subject to the prior written approval of the SVP of Concessions with
respect to size, design, and placement.
Concessionaire must not install, have installed, or allow to be installed upon or within the Premises
any sign whether lighted or unlighted, posters or other display of advertising media including
material supplied by manufacturers of items offered for sale; or other types of display specified in
DEN Design Standards, without prior written approval. Permission will not be granted for any
advertising which fails to comply with DEN’s DSMs, TDGs, this Tenant Work Permit Handbook,
or any advertising material, fixture, or equipment that extends beyond a Premises.
ARTICLE VI. MODIFICATIONS AND ALTERATIONS
GENERAL
After construction and installation of all initial Premises Improvements and Trade Fixtures,
Concessionaire may not improve, change, alter, add to, remove, or demolish any part of the
Improvements without the prior written consent of DEN. Subsequent construction work occurring
during the Term of the Agreement is subject to the same procedures as detailed in Articles II thru
V. Modifications and alterations to existing Premises Improvements or Trade Fixtures are subject
to the same requirements, including but not limited to, the City’s Prevailing Wage Ordinance.
1. Advance Notice of Modification. Concessionaire must give advance notice and receive
DEN approval before performing any material modification to the Premises.
2. Expense of Alterations. Any work necessary to make any alterations, improvements,
or additions to the Premises throughout the term of the Agreement shall be done at
Concessionaire’s cost and expense in accordance with and subject to all of the required approvals,
submittals, procedures, and all other requirements of whatsoever nature, as set forth herein.
SUBSEQUENT CONSTRUCTION
The same process outlined above for DEN’s approval of the construction shall be followed for all
subsequent construction, unless otherwise directed by DEN. Concessionaire must comply with all
conditions imposed by the SVP of Concessions, in the SVP’s sole judgment, and all required
approvals, submittals, and procedures of whatsoever nature, as set forth above. Any work
necessary to make alterations, improvements, or additions to the Premises throughout the
Concessionaire’s Term shall be done at the Concessionaire's cost and expense.
Upon completion of subsequent construction work, Concessionaire must deliver to DEN revised
As-Built drawings, evidence of payment, contractor's affidavits, and full and final waivers of any
liens for labor, services, or materials. Concessionaire must include in its agreements with its
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contractors provisions whereby such contractors shall defend and hold City and DEN harmless
from all costs, damages, liens, expenses, and other closeout documents per Article IV, Section
4.02, related to such work.
REMOVAL AND DEMOLITION OF IMPROVEMENTS
Concessionaire must not replace, remove, or demolish in whole or in part any Premises
Improvements or Trade Fixtures within the Premises during their Term without the prior written
approval of the SVP of Concessions. In his/her sole discretion, the SVP of Concessions may
condition such approval upon the obligation of Concessionaire to replace the Premises
Improvement or Trade Fixture with a comparable substitute specified by the SVP.
In the event that any construction, improvement, alteration, modification, addition, repair
(excluding emergency repairs), or replacement is made without the prior written consent of the
SVP of Concessions or made in a different manner than approved, City may terminate the
Agreement in accordance with the termination provisions of the Agreement.
Alternatively, upon notice to do so, Concessionaire must remove the same, or at its discretion,
Concessionaire must cause the same to be changed to the satisfaction of DEN. In case of any failure
on the part of Concessionaire to comply with the notice, in addition to any other remedies available
to it, DEN may affect the removal or change referenced above in this Section and Concessionaire
must pay the cost thereof to DEN upon demand.
AS-BUILT DOCUMENTS
No later than sixty (60) days after completing any modification or alteration to the Premises,
Concessionaire shall provide DEN one (1) complete electronic set of As-Built documents as
defined in the Agreement. If a Concessionaire fails to provide As-Built documents after written
notice from DEN, DEN may elect to have the documents completed and charge Concessionaire
for the costs associated therewith. Upon request, Concessionaire must inspect the Premises jointly
with DEN to verify As-Built documents.
ARTICLE VII. ENVIRONMENTAL REQUIREMENTS
CONSTRUCTION
Concessionaire must ensure the Premises are designed, constructed, operated, and maintained in a
First-Class manner that is sustainable and minimizes environmental impacts through application
of appropriate preventive measures and the maximum amount practicable of sustainable materials.
PROHIBITIONS
Concessionaire must not keep, store, or use any goods or materials in or on the Premises that are
flammable, explosive, hazardous (as defined in Article XVIII of the Agreement) or that may be
offensive or cause harm to the general public or cause damage to the Premises. Concessionaire is
responsible for compliance and shall require its Contractors to comply with all federal, state, and
local environmental rules, regulations, and requirements. This includes compliance with DEN’s
Rules and Regulations, Rule 180 incorporated hereto by reference. Concessionaire must comply
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with the environmental requirements contained in TDGs, for any alterations to existing DEN
facilities.
ARTICLE VIII. MIDTERM REFURBISHMENT
GENERAL
Not later than the mid-term date, or one year prior to midterm Completion Date, Concessionaire
must, at its sole cost and expense, commence Mid-Term Refurbishment. The Mid-Term
Refurbishment must include without limitation all refinishing, repair, replacement, redecorating,
repainting and re-flooring necessary to keep the Premises in First Class condition.
MIDTERM REFURBISHMENT MEETING
Approximately one (1) year prior to the Midterm Required Completion Date, Concessionaire shall
meet with DEN to identify and discuss the scope of the Midterm Refurbishment. If the
Concessionaire and DEN cannot jointly agree, DEN’s determination shall govern.
ROUTINE REFURBISHMENT
On or about the commencement of each Contract Year of the Agreement, representatives of DEN
and Concessionaire will tour its Premises and jointly agree upon what, if any, routine
refurbishment is required to maintain the Premises in First Class condition. Concessionaire must
promptly undertake such refurbishment at its sole cost and expense. If Concessionaire and DEN
cannot jointly agree upon the type and extent of routine refurbishment, DEN may determine, in its
sole discretion, the routine refurbishment required for that Contract Year. “Routine
Refurbishment” means the routine repainting or redecoration of public areas within the Premises,
including, but not limited to, the replacement or repair of worn carpet, tile, furniture, furnishings,
fixtures or finishes.
ARTICLE IX. DUTIES UPON EXPIRATION
END OF TERM TRANSITION
During the final Contract Year of an Agreement, DEN may advertise and award a new concession
agreement that may include rights to the Premises or portions thereof. If existing Concessionaire
is not selected for the new agreement, DEN will notify the Concessionaire in writing of the exact
dates of a transition period. During the final Contract Year of the Term DEN has the right the right
to show the Premises to prospective tenants. DEN will provide at least twenty-four (24) hours’
notice to Concessionaire of any showing of the Premises. Concessionaire must cooperate fully
with DEN and any successor to ensure an effective and efficient transition of the Premises and
concession operations to the successor. Concessionaire is responsible for continuous performance
of the Agreement in a First-Class manner during the transition to the successor.
RIGHTS AND OBLIGATIONS
Upon expiration or termination of an Agreement, Concessionaire must surrender the Premises to
DEN peaceably, quietly, and in as good order and condition as handed over to Concessionaire or
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as improved by the Concessionaire or DEN, reasonable use and wear accepted. Concessionaire
must provide to DEN any and all keys and/or lock codes to doors, window displays or any area of
controlled access within the footprint of the Premises. Concessionaire may not remove any items
that are affixed, freestanding, or unaffixed. Removal of which would result in a code violation or
unsafe condition.
Concessionaire must remove all furniture, fixtures and equipment installed by Concessionaire or
brand proprietary property, inventory, and other personal property, and leave the Premises in
broom clean and City Building Code compliant condition.
ARTICLE X. MISCELLANEOUS PROVISIONS
PAYMENT OF PREVAILING WAGE RATES
Concessionaire must require all contractors and subcontractors to pay every worker, laborer, or
mechanic employed by it in the performance of the construction of Premises Improvements
prevailing wages, including fringe benefits or their cash equivalent, for the same class and kind of
work in City, all as defined by and determined under the provisions of D.R.M.C. Section 20-76.
The wages must be those prevailing at the time of the contractor's final bid, and Concessionaire
must require the contractor to submit with its bid the applicable wage schedule. The contractor
must post in a prominent and easily accessible place at the site of the Premises Improvements the
scale of wages to be paid by the contractor and all subcontractors at any tier working under the
contractor.
During each week of work progress, the contractor must furnish to the Mayor's Office of Contract
Compliance and to City’s Auditor a true and correct copy of the payroll records of all workers
employed to perform the work. All payroll records must include:
1. Information showing the number of hours worked by each worker, the hourly pay of
such worker, any deductions made from pay, and the net amount of pay received by such worker
for the period covered by the payroll.
2. A sworn statement of the contractor that the copy is a true and correct copy of the payroll
records of all workers performing the work whether for the contractors or subcontractors that
payments were made to the workers as set forth in the payroll records, that no deductions were
made other than those set forth in such records, and that all workers were paid the prevailing wages
as of the contractor's final bid for the work.
Compliance with above requirements shall be deemed a work "specification" as such word is used
in D.R.M.C. Section 5-18(d). Violation of the prevailing wage requirement and its documentation,
hereinabove set forth, will result in an order from the CEO for the work to cease until there is
satisfactory evidence that the violation has been remedied and will not reoccur. The issuance of a
stop-work order will not relieve contractor's surety of any liability on contractor's bond or bonds,
but such a stop-work order will be deemed a default by the contractor insofar as said surety's
obligation is concerned.
SBE, DBE, AND MBE/WBE PARTICIPATION
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All Agreements are subject to the requirements of D.R.M.C. Chapter 28, Articles III and VII.
1. Concessionaire must provide for participation of Small Business Enterprises (SBEs) in
the design, construction, and installation of Premises Improvements and Trade Fixtures, in
compliance with Article VII of Chapter 28, D.R.M.C., or any successor ordinance effective at the
time of any design, construction, or installation Concessionaire may carry out during the life of
the Agreement. An estimation of the goal for the percentage of design and construction work to be
performed by SBE firms is set forth below.
Concessionaire must make a good faith effort to meet said estimated goals or a goal set by the
goals committee. The decision to use the estimated goals or to send the contract to the goals
committee shall be made by the Director of DSBO. Further, City encourages Concessionaire to
utilize SBEs and to divide the design and construction work into economically feasible units or
segments to allow the most opportunity for subcontracting.
SBE DESIGN AND CONSTRUCTION GOALS:
$ 0 < $30,000 = 0%
$30,000 - $90,000 = 3%
$90,000 < $150,000 = 5%
> $150,000 = Goals Committee
2. Concessionaire must provide for participation of Disadvantaged Business Enterprises
(“DBEs”) in the design, construction, and installation of Premises Improvements and Trade
Fixtures. After the Agreement is executed, Concessionaire must use its best efforts to utilize
qualified and available DBE firms which have been and which continue to be certified by City to
the fullest extent which is reasonably possible to achieve. The goal for percentage of design and
construction work performed by DBE firms is specified on the Agreement Summary Page, and in
accordance with 49 U.S.C. section 2210(h)(2)(1992). Concessionaire must make a good faith
effort to meet such goal as part of its overall DBE obligation.
3. Concessionaire must provide for participation of Minority Business Enterprises
(“MBE”) and Women Business Enterprises (“WBE”) in the design, construction, and installation
of Premises Improvements and Trade Fixtures, in compliance with the requirements of Article III,
Divisions 1 and 3 of Chapter 28, of Denver Revised Municipal Code (“MBE/WBE Ordinance”),
or applicable successor ordinance, during the life of the Agreement. Concessionaire must comply
with rules and regulations issued by the Director of DSBO a division of the Mayor’s Office of
Economic Development. The goal for percentage of design and construction work to be performed
by MBE/WBE firms is set forth on the Agreement Summary Page, and Concessionaire must meet,
or make a good faith effort to meet, such goals as have been set in accordance with the ordinance.
City encourages Concessionaire to utilize MBE/WBE firms and to divide the design and
construction work into economically feasible units or segments to allow the most opportunity for
subcontracting.
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ACDBE COMPLIANCE
During operation of any Premises at DEN, Concessionaire must make its best effort to meet the
ACDBE Goal stated in their Concession Agreement(s). To carry out its ACDBE responsibilities
described in each Concessionaire’s Agreement(s) Concessionaire agrees to assign this
responsibility to a high-level company official accountable directly to Concessionaire’s chief
executive officer. Concessionaire is required to make good faith efforts to explore all available
options to meet its ACDBE goal(s) to the maximum extent practicable. Concessionaire shall not
take any action during the term of this Agreement that may have a materially negative impact upon
the Concessionaire’s ability to meet its stated ACDBE goal.
If an ACDBE is terminated by a Concessionaire with City's consent or, if an ACDBE fails to
complete its work for any reason Concessionaire must make good faith efforts, in accordance with
the requirements of 49 CFR Part 23.25(e) (1) (iii) and (iv), to find another ACDBE to substitute
for the original ACDBE to provide the same amount of ACDBE participation as required under
their Agreement(s). Concessionaire must submit to the DEN Commerce Hub and to the CEO a
modified ACDBE Good Faith Effort form, together with a written request for review and approval,
setting forth the circumstances causing the termination in sufficient detail and with appropriate
documentation to explain the necessity for the change. In every case, Concessionaire shall
substitute a DEN certified ACDBE, and if it cannot, then Concessionaire shall be required to
document that it made good faith efforts to do so.
ACDBE UTILIZATION REPORTING
No later than ten (10) days after the end of each calendar month after the Actual Opening Date,
Concessionaire will submit to the DEN Commerce Hub, in DEN’s online system or on DEN’s
monthly ACDBE Utilization Report form, a report of Concessionaire’s total Gross Receipts during
the month and the total dollar value of Gross Receipts earned by each ACDBE under its
Agreement(s) or the total dollar value of goods and services purchased or leased from each
ACDBE during the month, in each case calculated in accordance with the requirements of 49 CFR
Part 23.
If any reported ACDBE participation is from the purchase and/or lease of goods and services,
Concessionaire must submit to the DEN Commerce Hub, on DEN’s monthly ACDBE Utilization
Report form, a report of the total dollar value of goods and services procured by the Concessionaire
from ACDBE and non-ACDBE (non-minority/woman- owned) firms.
Whenever a Joint Venture is used to meet ACDBE goals, Concessionaire shall submit to the DEN
Commerce Hub an annual financial statement for the preceding year indicating compensation,
profit sharing, capital contributions of ACDBE partners, or any other financial information as
requested by DEN relevant to determining ACDBE compliance. Concessionaire shall also disclose
annually the ACDBE partner’s management involvement and its role in decision making. The
annual financial statement shall be on a form satisfactory to DEN and delivered to the DEN
Commerce Hub no later than February 28th of the following year.
INSURANCE REQUIREMENTS
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Concessionaires, consultants, and contractors must comply with the City’s insurance requirements
as stated in the Agreement. Final insurance requirements may vary per Concessionaire based on
the specific scope of work, but, in general and as a reference, the City’s insurance requirements
for Concessionaires are provided herein and on Form C, attached.
INSURANCE
Concessionaire must furnish to City, within ten (10) days of the Effective Date of Concessionaire’s
Agreement and keep current from the Effective Date through the Expiration Date, Insurance
Certificates in accordance with Concessionaire’s Agreement. Required Certificate(s) of Insurance
must be delivered to DEN as part of the NTP documents prior to the earliest of the following
activities: (i) commencement of design work to be performed by or on behalf of Concessionaire,
(ii) construction work for Premises Improvements or (iii) Date of Possession of the Premises.
City’s Risk Manager has the sole authority to approve the forms of Insurance Certificates. All of
the types of insurance required by City are listed below and addressed within the Insurance
Requirements Form C. Concessionaire should consult Exhibit F of its Concessions Agreement for
more detail.
1. Types of Insurance:
a. Colorado Workers’ Compensation and Employer Liability: Coverage including
workers’ compensation and employer liability with a provision that identifies all
States Coverage or Colorado listed as a covered state for the Workers’ Compensation.
b. Commercial General Liability: Coverage at least as broad as that provided by ISO
form CG0001 or equivalent. If alcohol is served, this coverage shall include liquor
liability.
c. Commercial Crime Insurance: Coverage including, but not limited, to loss arising
from employee theft, employee dishonesty, forgery or alteration, robbery, burglary,
embezzlement, disappearance, destruction, money orders and counterfeit currency,
depositor’s forgery, and computer fraud both on Premises and in transit.
d. Network Security and Privacy Liability: Coverage including claims involving
privacy violations, information theft, damage to or destruction of electronic
information, intentional and/or unintentional release of private information, alteration
of electronic information, extortion and network security
e. Business Automobile Liability: Coverage at least as broad as ISO form CA0001 or
equivalent.
f. Umbrella Liability: Coverage in excess of, and at least as broad as, the primary
policies for Worker’s Compensation, Commercial General Liability, and Business
Automobile Liability.
g. Personal Property, Contents, Fixtures, Tenant Improvements and Betterments
Liability: Coverage broad enough to include 100% of the Replacement Cost value of
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Personal Property, Contents, Fixtures, Tenant Improvements and Betterments,
including glass coverage and signs.
h. Business Interruption: Coverage broad enough and in such amounts to reimburse for
direct or indirect loss of earnings attributable to perils covered hereunder, which shall
include, nut is not limited to, losses arising from mechanical failures on or interruption
of services.
i. Cyber Liability: Coverage including claims involving privacy violations, information
theft, damage to, or destruction of electronic information, intentional and/or
unintentional release of private information, alteration of electronic information,
extortion, and network security.
2. Required Form: Insurance Certificates must be submitted in the form identified in
Concessionaire’s Agreement. Concessionaire must ensure the Insurance Certificate contains the
following information: (1) the name matches the name on Concessionaire’s Agreement; (2) the
City & County of Denver is named as a certificate holder and additional insured; (3) the amount
and type of coverage meets or exceeds the required coverage as set by City’s Risk Manager; (4)
the cancellation notice clause agrees with what is required in the Concessionaire’s Agreement any
other items that may become required.
3. Submittal: All insurance certifications should be submitted to the City and County of
Denver, Department of Aviation, Denver International Airport, 8700 Pena Blvd., Concessions
Mgmt., ACON Room 4385, Denver, Colorado 80249. City’s Contract control number for the
Agreement shall be noted on each certificate of insurance. Certificates evidencing the existence of
the policies, in such form as City requires, shall be delivered to City prior to the Date of Possession
under the Agreement.
4. Renewals: Concessionaire must maintain the Required Insurance Coverage without any
lapse in coverage during the entire Term. Insurance canceled without DEN’s consent or failure by
Concessionaire to provide evidence of renewal within forty-eight (48) hours of request is a material
breach of Concessionaire’s Agreement and can lead to termination.
EVIDENCE OF INSURANCE
Certified copies of required insurance policies, or certificates, in the standard form required,
evidencing the existence thereof, or binders, must be delivered to DEN as part of the NTP
documents prior to the commencement of any design work to be performed by Concessionaire’s
consultants and any construction work for Premises Improvements. If a binder is delivered, it must
be replaced within thirty (30) days by a certified copy of the policy or the required certificate.
Policies must be in a form and of a company acceptable to and approved by DEN, and certificates
must be on standard City Certificate of Insurance forms.
Each such policy or certificate shall contain a valid provision or endorsement that the policy may
not be canceled, terminated, changed or modified without forty-five (45) days prior written notice
(ten [10] days for nonpayment of premium) given by certified mail, return receipt requested, to the
Chief Executive Officer, 8500 Peña Boulevard, Denver, Colorado 80249-6340.
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Each such policy or certificate must further provide that any coverage afforded City as an
additional insured under the policy must apply as primary insurance and any other insurance issued
to City will apply as excess and noncontributing insurance.
Any renewal certificate must be delivered to CEO at least ten (10) days prior to the expiration of
each expiring policy. If at any time any of the insurance policies are or become unsatisfactory to
CEO as to form or substance, or if any of the carriers issuing such policies are or become
unsatisfactory to CEO, Concessionaire must promptly obtain a new and satisfactory replacement
policy.
CHAPTER 3: CONCESSIONS HANDBOOK
ARTICLE XI. GENERAL AIRPORT OPERATIONS
BADGING PROCESS
Any person requesting or requiring unescorted access to the Secured Areas, Sterile Areas, and/or
Controlled Areas must be fingerprinted, pass a Criminal History Background Check and a Security
Threat Assessment prior to the issuance of any Airport Identification Badge. If Concessionaire’s
employees need unescorted driving privileges in the Secured Areas, every badged individual
requesting a driving endorsement will be required to receive drivers training on an annual basis
through Computer Based Training (CBT). Each company must comply with DEN’s Rules and
Regulations (Rule 130).
For further badging information and forms please visit:
http://business.flydenver.com/bizops/tenServices/security/secNewCompany.asp , or please
contact the DEN Security Office at (303) 342-4300.
EMPLOYEE PARKING
Parking for concessionaire employees will be in either the Landside or Airside Parking Facilities
located on 78th Avenue. For information about monthly parking rates, paid parking spaces, and
current availability, Concessionaire can contact the Parking Permit Sales Office for further details
at (303) 342-4086.
U.S. MAIL
DEN provides a Business Box for postal service, and in order to apply, a Concessionaire must fax
a memo on company letterhead to the United States Postal Service – Rocky Mountain Station for
approval. Please Fax requests to (303) 342-7387 and when informed of the Business Box number,
proceed to the Montbello Postal Station to obtain the Business Box key and location. The
Montbello Postal Station can be reached by phone at (303) 317-8785. All concession Business
Boxes are located in the Jeppesen Terminal, Level 6 West side. Each Concessionaire is responsible
for making direct arrangements with the local post office for delivery of mail directly to the
designated mailbox.
LOST AND FOUND
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1. Items found in public areas at DEN: Items found in public areas at DEN should be taken
to DEN’s Lost and Found, located in Jeppesen Terminal. Filing a claim for a lost item can be done
either in person or online.
2. Items found in shops, restaurants, or other businesses at DEN: Items left in shops, food
courts, restaurants, or other establishments at DEN should be held by that business.
3. Items lost while on an airplane or at an airline gate: Personal items lost while in flight
or at an airline gate are collected and held for claim by the respective airline. Lost luggage is also
held for claim by airline companies. To report lost items or luggage, visit our Airlines page at
flydenver.com to contact your airline directly.
4. DEN’s Lost and Found Office: Jeppesen Terminal, East Level 1 (near Doors 111 and
113); Open Monday through Friday, 8 a.m. to 7:30 p.m., and Saturday and Sunday, 8 a.m. to 6
p.m.; File a claim from anywhere in the world by visiting https://lostandfound.flydenver.com;
Phone (303) 342-4062 or (800) AIR-2DEN
CONCESSION MANAGER’S MEETINGS
Concession Manager’s Meetings take place quarterly. Notice will be provided to Concessionaires
informing date, time, and location.
ARTICLE XII. FINANCIAL INFORMATION
PAYMENTS
Payments due under Concessionaire’s Agreement must be paid promptly based on the procedures
set forth below. All payments due under the Concessionaire’s Agreement must be made in lawful
U.S. currency, electronically, through the Automated Clearing House or Electronic Fund Transfer
system. Instructions and Procedures for Payment maybe found at the following web address:
https://www.denvergov.org/payments/dia/vendors.
If payment is not received in accordance with the procedures set forth herein, amounts payable
will accrue interest at eighteen percent (18%) per annum.
FEES AND CHARGES
Fees and Charges applicable to Concessionaire at DEN will be billed and collected based on the
following procedures:
1. Privilege Fee: One twelfth (1/12) of the Minimum Annual Guarantee (“MAG”) as stated
in each Concessionaire’s Agreement, is due on the first (1st) of each calendar month during the
Term, without invoice. The Percentage Fee, as stated in each Concessionaire’s Agreement, is due
on the tenth (10th) of each calendar month after the earlier of the Actual Opening Date or the
Required Opening Date for prior month sales, without invoice.
2. Food Court Maintenance Fee: Where applicable, and in accordance with DEN’s Rules
and Regulations, Concessionaire must pay, without invoice, monthly one-twelfth (1/12th) of
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Concessionaire’s proportional share of the Food Court Maintenance Costs. Concessionaire’s
proportional share can be found in Concessionaire’s Summary of Contract Provisions. The Food
Court Maintenance Fee is due on the first (1st) day of each month. After the completion of the
Contract Year, a comparison between actual and estimated Food Court Maintenance Costs and a
true-up calculation will be performed with any amount due to the Concessionaire provided as a
credit to be used against Food Court Maintenance Fees. Any Food Court Maintenance Fee true-
up amounts due from the Concessionaire will be due thirty (30) days from the invoice date.
3. Common Maintenance Service Fee: In accordance with the Common Maintenance
Services listed in the Summary of Contract Provisions of the Concessionaire’s Agreement,
Concessionaire will be quarterly invoiced its proportional costs of the Common Maintenance of
DEN’s central systems used by Concessionaire. This Common Maintenance Services Fee is due
within thirty (30) days of invoice. After the completion of the Contract Year, a comparison
between actual and estimated Common Maintenance Service Fee and a true-up calculation will be
performed with any amount due to the Concessionaire provided as a credit to be used against
Common Maintenance Service Fees. Any Common Maintenance Service Fee true-up amounts
due from the Concessionaire will be due thirty (30) days from the invoice date.
4. Joint Marketing Fee: In accordance with the Joint Marketing Fee Rate as stated in the
Summary of Contract Provisions of the Agreement, Concessionaire must pay, without invoice, a
Joint Marketing Fee in the amount equal to the Joint Marketing Fee Rate multiplied by Gross
Receipts for each calendar month after the earlier of the Actual Opening Date or Required Opening
Date. The Joint Marketing Fee is due within ten (10) days following the last day of each calendar
month.
5. Utility Fees: Concessionaire is financially responsible for all utility usage within its
Premises. All utility payments must be made promptly within thirty (30) days of invoice.
6. Repair Fees: Any Repair Fees, including unsatisfactory Maintenance Repairs,
Emergency Repairs, Repairs from Damaging Activities as defined in Concessionaire’s Agreement,
will be invoiced to Concessionaire quarterly. All Repair Fee payments must be made promptly to
DEN within thirty (30) days of invoice.
7. Administrative Fees: In the event of unsatisfactory Maintenance, repairs from Damaging
Activities, or costs to DEN associated with Prohibited Acts, Concessionaire will be charged an
Administrative Fee of fifteen percent (15%) of the cost to DEN of repairs and or services.
8. Liquidated Damages: Any Liquidated Damages accrued and assessed due to
Concessionaire’s operations at DEN will be due within fifteen (15) days from the date of invoice.
9. Other Fees and Charges: Any charges and fees the Concessionaire incurs in the normal
course of business, including, but not limited to telephone, badging, fingerprinting, and other DEN
fees, plus any applicable taxes, will be due within thirty (30) days from the date of invoice.
FINANCIAL REPORTS
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Concessionaire may be responsible for submitting daily, monthly, quarterly, and annual financial
reports in accordance with the procedures set forth below. Such reports, with the exclusion portions
submitted in accordance with the confidentiality procedures outlined herein, may be made public
from time to time at DEN’s sole discretion. Late reports or destroyed information will lead to the
assessment of Liquidated Damages.
1. Daily Gross Receipts: Concessionaire shall submit Daily Gross Receipt Reports to City,
upon request, for a period not to exceed sixty (60) calendar days. In the event City requests Daily
Gross Receipt Reports, Submittal will be in accordance with the following procedures:
a. Notice – City shall provide Concessionaire thirty (30) days’ notice before requiring
submittal of Daily Gross Receipts Reports. Notice will include the electronic portal
Daily Gross Receipt Reports may be submitted through and the length of time
Concessionaire is required to submit reports.
b. Content – Daily Gross Receipt Reports must contain the Daily Gross Receipts per
Premises within the Airport with separate breakouts for Alcohol Receipts.
c. Submittal/Form – Submittals will be made electronically through the portal
identified by City in accordance with Form E1, attached hereto.
d. Failure – Late reports will subject Concessionaire to Liquidated Damages as stated
in the Agreement, per day until corrected.
2. Monthly Concession Report: For every month after the earlier of the Actual Opening
Date or Required Opening Date, Concessionaire must submit a Certified Monthly Concession
Report for the prior month in accordance with the following procedures:
a. Time – Monthly Concession Reports must be submitted within ten (10) days after
end of each month.
b. Content – The Monthly Concessions Report must contain the following:
(1) Gross Receipts per Month per Premises (Alcohol Receipts stated separately);
(2) Number of sales transactions per Month per Premises;
(3) Airport employee Gross Receipts per Month per Premises;
(4) Number of Airport employee number of sales transactions per Month per
Premise;
(5) Calculations of payable Privilege Fees for the month including both the MAG
and the Percentage Fee;
(6) if applicable, calculation of payable Joint Marketing Fee for the month.
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c. Submittal/Form – Submittals will be made electronically through the portal
identified ([email protected]) by DEN in accordance with Form
E2, attached hereto.
d. Certification – Monthly Concessions Reports must be certified by the
Concessionaire’s Chief Financial Officer, Certified Public Accountant, or other
equivalent Officer of the Concessionaire.
e. Failure – Late reports will subject Concessionaire to Liquidated Damages as stated
in the Agreement, per day until corrected.
3. Quarterly Income Statement: For every calendar quarter after the Commencement Date
(excluding the Fourth [4th] quarter), Concessionaire must submit a Certified Quarterly Income
Statement in accordance with the following procedures:
a. Time – Quarterly Income Statements are must be submitted thirty (30) days after end
of each quarter.
b. Content – The Quarterly Income Statement must contain the following: (
(1) Current Monthly Sales compared to Historical Sales for Prior Contract Year (or
Pro Forma) with sub totals per Premises;
(2) ACDBE Sales compared to Sales from the Prior Contract Year;
(3) Percentage of Sales generated by ACDBE operators;
(4) Fees paid to Concessionaire’s ACDBE firm(s) for the Year-to-Date.
c. Submittal/Form – Submittals will be made electronically through the portal
identified ([email protected]) by in Form E3, attached hereto.
d. Certification – Quarterly Income Statements must be certified by the
Concessionaire’s Chief Financial Officer, Certified Public Accountant, or other
equivalent Officer.
e. Failure – Late reports will subject Concessionaire to Liquidated Damages as stated
in the Agreement, per day until corrected.
4. Annual Statement: For every Contract Year after the Commencement Date,
Concessionaire must submit an Annual Statement to City in accordance with the following
procedures:
a. Time – Annual Statements must be submitted by Concessionaire no later than
February 28th of each calendar year (unless otherwise specified in a Concession
Agreement).
b. Content - The Annual Statement must contain the following:
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(1) A schedule of Gross Receipts, Privilege Fees, Support Space Compensation,
and other Fees paid for each month of the Concessionaire’s operations in the
Contract Year;
(2) A schedule of Gross Receipts, Privilege Fees, Support Space Compensation,
and other Fees payable for the Contract Year; (3) A schedule of all deductions
taken in accordance with Section 5.01 of the Concession Agreement; (4) An
opinion and explanation from the Independent CPA on whether the Schedule
of Gross Receipts, Privilege Fees, and all other fees or compensation payable
under the Agreement have been completely and accurately presented,
calculated, reported and paid in accordance with the Agreement; and (5) a
calculation of the next Contract Year’s MAG.
c. Requirements – The Annual Statement must meet the following requirements: (1)
Must be prepared by Independent CPA, in accordance with Concessionaire’s
Concession Agreement; (2) Must be prepared in accordance with Generally Accepted
Accounting Principles (“GAAP”); (3) Must contain an unqualified statement from the
Independent CPA as to the correctness and completeness of the reported Gross
Receipts and payments under the agreement.
d. Submittal/Form – Submittals will be made electronically through the portal
identified ([email protected]) in the check list attached hereto as
Form E4.
e. Failure – Late Annual statement will subject Concessionaire to Liquidated Damages
in the amount stated in the Agreement, per day until corrected. Additionally,
Concessionaire must submit any requested records based on the Annual Statement
promptly; late records will subject Concessionaire to Liquidated Damages in the
amount stated in the Agreement per day until corrected.
SURETY FOR PERFORMANCE
Concessionaire must furnish a Surety to the City thirty (30) days prior to the Commencement Date,
and must keep such Surety current during the Agreement’s Term until released by City. The SVP
of Concessions has delegated the authority to approve Sureties to Concessions Administrators
Sureties will be approved in accordance with the following provisions:
1. Types: City accepts Performance Bonds and Irrevocable Letters of Credit (ILOC), as
Sureties.
2. Required Form: Sureties must be submitted in the form substantially similar to the
form identified in Form B. Concessionaire must require the financial institution to notify DEN in
writing forty-five (45) days before any termination of the Surety.
3. Required Amount: Sureties must be at least the Minimum Annual Guarantee stated in
the Summary of Contract Provisions of the Agreement.
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4. Renewals: Concessionaire has a continual responsibility to renew its Surety in
accordance with the procedures below
a. Annual Renewal – Sixty (60) days prior to the expiration date of the Concessionaire’s
Surety, the Concessionaire must submit to DEN evidence of renewal or replacement
of Concessionaire’s Surety.
b. Recalculation of Surety Amount – After submittal of Concessionaire’s Annual
Report, or at any other time during the Term, the EVP may increase the amount of
Surety required under the Agreement. Concessionaire will be required to increase the
amount of Surety in accordance the following procedures: (1) City will provide thirty
(30) days written notice of any increase in Surety Amount; Concessionaire must
increase the amount of Surety within thirty (30) days after notice from City.
5. Release: Upon expiration and/or termination of a Concessionaire’s Agreement, City will
release Concessionaire’s Surety according to the following procedures:
a. Concessionaire must submit to City a final audit in accordance with the Audit
procedures in Section XV below;
b. After review by City, if the Concessionaire is in default of the Agreement and/or has
an outstanding balance, the Surety will be used first to satisfy the obligation to City
and any remaining balance will be released to the Concessionaire;
c. If City accepts the finding of Concessionaire’s audit or successfully conducts its own
audit, DEN will issue a release letter to Concessionaire thirty (30) days from
thereafter; and
d. In the event of a dispute between DEN and Concessionaire only the amount necessary
to remedy the dispute will be retained by City.
JOINT MARKETING FUND
DEN administers marketing and promotional programs for the Joint Marketing Fund, and plans
and executes marketing initiatives on behalf of all concessions at DEN. Marketing efforts are
focused on promoting the entire concessions program. The Joint Marketing Fund also is used to
finance the PVC program.
ARTICLE XIII. PERFORMANCE INFORMATION
PERMITTED USES
Concessionaire may use its Premises only for the purposes of operating the Concession authorized
by City. Any Support Space(s) may be used only for office and administrative purposes related to
the operation of Concessionaire’s Premises and the storage and preparation of goods necessary for
the operation of Concessionaire’s Premises. The Permitted Uses for each Premises are attached to
Concessionaire’s Agreement as Exhibit B. Exhibit B will generally contain the trade name for a
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Premises and a listing, by general category, of goods and services that Concessionaire is allowed
to sell from the Premises.
No later than sixty (60) days prior to the earlier of the Actual Opening Date or Required Opening
Date of a Premises, Concessionaire must submit a Price List. The Pricing List must include the
goods, services, and prices proposed to be charged to the public. The SVP of Concessions has
delegated authority to approve the Price List to the respective Concessions Concourse Manager
responsible for the management of the concession Agreement. Once approved by City,
Concessionaire may not add, delete or sell any goods or services not included on the Price List,
nor change the price of any good or service, without first receiving written approval from City.
Concessionaire may submit formal requests to revise its Price List to their assigned Contract
Administrator thirty (30) days prior to any proposed change. Concessionaire must maintain
compliance with DEN’s pricing policy.
During Concessionaire’s Term, City may request Concessionaire add or delete goods or services
from the Pricing List. City will submit any such request in writing and Concessionaire will have
ten (10) days to add or delete any requested good or service. In the event Concessionaire’s license
agreement, franchise agreement, or any other legally binding agreement prevents Concessionaire
from offering or discontinuing any requested goods or services, Concessionaire shall submit such
agreement to City for review.
RESTRICTIONS
Concessionaire may not conduct any business or operations on the Premises separate and apart
from the Permitted Uses. No portion of the Premises shall be used to warehouse, stock, or store
any goods, wares, or merchandise not intended to be offered for sale at or from the Premises.
Operation of any business separate and apart from the approved Concession can result in
immediate termination of Concessionaire’s Agreement.
Concessionaire is strictly prohibited from offering any good or services outside the specific
Premises identified by DEN. Any violation will result in Liquidated Damages accruing and being
assessed, per the Agreement.
PERMITS AND LICENSES
Concessionaire and any contractors, sub-contractors, and vendors providing services at DEN for
Concessionaire are required to obtain and maintain throughout the Term all permits, certificates,
licenses, or other authorizations required to perform the Permitted Uses of each Premises. Copies
of such documentation must be displayed in the Premises and forwarded to DEN.
WASTE MANAGEMENT
1. With respect to trash and waste receptacles Concessionaire must adhere to the following
requirements:
a. Trash and waste receptacles within the Concessionaire’s Premises must be emptied
regularly to avoid overflow of trash and waste; and
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b. Hallways, elevators, and areas around Concessionaire’s spaces must be kept free of
Concessionaire’s trash and waste; and
c. Piling of boxes, cartons, or other similar items in, or within view of, a public area will
not be permitted; and
d. Concessionaire must not dispose of trash or waste in public area trash receptacles or
place trash or waste (including, in particular, used cooking oil or coffee grounds) in
rest room sinks or toilets; and
e. Concessionaire must flatten or break down all cardboard and cartons and place within
designated cardboard.
2. With respect to removal of cooking oils/liquid waste Concessionaire must adhere to the
following requirements:
a. Removal and disposal of used cooking oil and other liquid waste from food service
operations is the responsibility of each Concessionaire; and
b. Used cooking oil and other liquid waste can only be stored and transported in
approved containers and carts which are sanitary and leak proof; and
c. Concessionaire’s employees should receive training in proper handling and removal
of used cooking oil and other liquid waste; and
d. Spills of used cooking oil or other liquid waste caused by Concessionaire (or its
vendors) are the responsibility of the Concessionaire to clean up;
e. All Concessionaire must maintain adequate supplies, spill response equipment, and
materials in accessible locations near areas where spills are likely to occur; and
f. Spills must be controlled to minimize property damage, personal injury, and damage
to the environment.
SUSTAINABILITY
DEN is committed to incorporating sustainable practices into all aspects of airport operations.
Concessionaire is expected to operate in a manner consistent with DEN’s Sustainability Policy and
participate in DEN-sponsored sustainability programs whenever feasible, excepting that
Concessionaire is required to participate in DEN’s Recycling and Composting programs.
SUSTAINABILITY PROGRAMS
Concessionaire is responsible for maintaining the Premises in compliance with all applicable local,
state, and federal environmental regulations. Concessionaire is responsible for contacting DEN’s
Environmental Services Section to inquire about environmental regulations that may apply to any
new or existing activity or operation to see if there is a potential for environmental impact, whether
or not such impact is estimated to be minimal. Concessionaire is responsible for immediately
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forwarding copies of all environmental permits, notice(s) of violation, warning notice(s), consent
orders and related documents, site rehabilitation reports and related correspondence, and asbestos
and lead paint reports to DEN.
1. Recycling:
a. All Concessions are required to separate recyclables from trash. Recyclables include
but are not limited to Paper, Cardboard, Plastic containers, and Metal containers.
b. All recyclables will be placed in the recycling compactors/roll-offs/front-end loaders
located on the ramp level of each concourse as well as the AOB loading dock.
c. Concessionaire is prohibited from using styrofoam containers/cups in the operation
of any Concession. Concessionaire are encouraged to use recyclable or compostable
containers and bags.
d. As DEN transitions toward eliminating plastic straws and flatware, all
Concessionaires are encouraged to use compostable disposable eating utensils and
offer an alternative to plastic straws.
e. Bags of recyclables must be emptied into the recycling containers and the plastic bags
will be thrown into the trash compactors. No recyclables will be placed in the trash
compactors.
2. Composting:
a. All Concessions must participate in DEN’s composting program. No food waste
maybe placed in the trash containers/compactors.
b. Concessions must separate pre-consumer (kitchen) food waste from the trash.
Concessions must transport food waste to the nearest compostable staging area. City
will provide composting containers for the kitchens of each Concession.
c. Concessionaires must set up composting training session(s) between DEN and their
employees within thirty (30) days of being open for business.
3. Take-out materials:
a. Concessionaires are encouraged to use compostable or recyclable carry out or “to go”
containers and flatware, and alternatives to plastic straws.
b. Styrofoam containers/cups are prohibited.
4. Green Cleaning:
a. Concessionaires must purchase and utilize cleaning equipment meeting the
sustainability criteria outlined in LEED IEQ Credit 3.4: Green Cleaning-Sustainable
Equipment, and as the criteria are updated and amended.
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b. Concessionaires must develop strategies for promoting and improving hand hygiene,
including had washing and the use of alcohol-based waterless hand sanitizers.
c. Concessionaires must develop guidelines addressing the safe handling and storage of
cleaning chemicals used in operations, including a plan for managing hazardous spills
or mishandling incidents.
5. Food Donation:
a. Concessionaires are strongly encouraged to participate in DEN’s Food Donation
Program to the extent practicable.
b. Food Donation coolers are placed on the ramp level at the center core of each
Concourse and at certain locations on the subcores. City will provide training to
Concessionaires’ manager/key employees on the details of DEN’s Food Donation
program and encourage Concessionaire to participate.
6. Fry Oil:
c. Concessions must participate in DEN’s Fry Oil Recycling Program.
d. Concessions must use grease caddies to transport grease to the recycling containers.
A Concessionaire is responsible for any spills of its grease and must immediately take
measures to clean up such spills.
e. Concessions must remove trash, debris, and meat from grease before recycling.
ROUTINE MAINTENANCE
A Concessionaire is responsible for preventive and routine cleaning and maintenance of all
Premises Improvements, Trade Fixtures, and other assets within the Premises, whether built by
Concessionaire or DEN. Concessionaire must ensure that all assets are cleaned and maintained in
a First-Class manner throughout the Term.
Concessionaire is responsible for all janitorial services within its Premises. The following
Cleanliness requirements generally apply to all Concessionaires:
1. All designated Premises occupied by Concessionaire must be free, at all times, from all
rubbish, filth, and refuse;
2. Concessionaire must develop a cleaning standard and schedule that encourages
employees to clean during down time; and
3. Concessionaire is required to develop and submit to DEN for approval a cleaning
schedule and check list at thirty (30) days prior to the opening of any Premises.
Any work that requires shutting down the fire suppression system, such as cleaning kitchen hoods,
also requires advance permission from DEN Life Safety and Operations. Email requests must be
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made a minimum of Seven (7) days prior to the cleaning date. Email requests shall be sent to your
assigned contract administrator. Certain on-site equipment maintenance forms are generally
required; please contact your designated contract administrator to obtain and complete these forms.
PREVENTATIVE MAINTENANCE OBLIGATION
No less than thirty (30) days prior to the Required Opening Date as listed in the Agreement,
Concessionaire must submit for DEN approval a written preventive and routine cleaning and
Maintenance Plan (“Plan”) for the Premises. The provisions of the program are subject to the
written approval and periodic review of DEN’s Maintenance Department.
Concessionaire must establish a preventive and routine maintenance program for its Premises in
accordance with City Codes or Industry Standard guidelines, and shall coordinate and comply with
the cleaning and routine maintenance recommendations of the City. For Restaurants, kitchen hoods
and exhaust systems must be cleaned as required by City Code and to keep services in a First-
Class manner. Proof of Annual Inspections of all assets contained within the Premises must be
forwarded to City. Concessionaire’s obligations for preventative and routine maintenance are as
follows:
1. Janitorial Service: Concessionaire, at its own cost and expense, shall provide all
janitorial services for the Premises. Concessionaire shall ensure that the Premises and the Common
Areas adjacent to the Premises are kept clean and free from all rubbish and refuse.
2. Pest Control: Concessionaire, at its own cost and expense, is responsible for pest control
within the Premises. Concessionaire will contract with a professional pest control service to
provide pest control services on a regular monthly basis and at any other times as needed.
Concessionaire will coordinate its pest control service with third parties as directed by City. Upon
request, Concessionaire must furnish City a copy of its pest control contract, monthly service
schedule, and monthly service reports. Concessionaire agrees to coordinate with City and other
concessionaires to provide the most effective pest control services for DEN.
a. City, in its sole discretion, may elect to provide or contract for pest control services
on Concessionaire’s behalf. If City elects to provide or contract for pest control
services on Concessionaire’s behalf, Concessionaire covenants to pay its share of the
cost of such services, in an amount determined by City. In such cases, Concessionaire
must cooperate with City’s chosen pest control Contractor.
3. Plumbing: Concessionaire, at its own cost and expense, shall provide routine plumbing
services for the Premises. Concessionaire shall ensure that activities within the Premises do not
damage or harm the central water, plumbing, and sewer infrastructure at DEN. Concessionaire
shall properly maintain all portions of its plumbing system. Concessionaire must furnish City a
copy of its plumbing contract, monthly service schedule, and monthly service reports, as directed
by City. Concessionaire agrees to coordinate with City and other concessionaires to provide the
most effective plumbing services for DEN.
a. City, in its sole discretion, may elect to provide or contract for plumbing services on
Concessionaire’s behalf. If City elects to provide or contract for plumbing services
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on Concessionaire’s behalf, Concessionaire covenants to pay its share of the cost of
such services, in an amount determined by City. In such cases, Concessionaire must
cooperate with City’s chosen plumbing Contractor.
4. Energy and Gas: Concessionaire, at its own cost and expense, shall install and maintain
an energy meter and a gas meter for each Premises.. Concessionaire, at its own cost and expense,
shall install and maintain all power circuits and connections required for equipment and
mechanical systems used within the Premises. Concessionaire shall ensure that activities within
the Premises do not damage or harm the any infrastructure systems at DEN.
5. HVAC: Concessionaire, at its own cost and expense, shall install and maintain any
ductwork and other HVAC connections for the Premises in accordance with this Handbook.
Concessionaire agrees to maintain the ductwork and other connections within the Premises.
Concessionaire shall ensure that activities within the Premises do not damage or harm any
infrastructure systems at DEN.
6. Grease Removal Systems: If Concessionaire installs a grease removal systems in
addition to those provided and maintained by City and used only by Concessionaire,
Concessionaire shall, at its own expense, regularly, but not less than four (4) times per year, check
and clean its grease removal systems, whether located within the Premises or elsewhere in DEN.
Concessionaire agrees to maintain all installed grease removal systems within the Premises.
Concessionaire shall ensure that activities within the Premises do not damage or harm any
infrastructure systems at DEN.
7. Trash, Waste, and Refuse: Concessionaire, at its own cost and expense, shall comply
with any DEN-wide waste diversion programs, including but not limited to recycling, composting,
or any future programs for removal and disposal of all trash, waste and other refuse.
Concessionaire shall use designated locations, containers, and transport routes for trash, waste,
and refuse removal and disposal. Concessionaire shall ensure that storage, transportation, and
disposal of all trash, wastes, and other refuse does not damage or harm any structures or
infrastructure at DEN.
8. Lighting: Concessionaire, at its own costs and expense, shall install and maintain all
lighting fixtures and wiring for general illumination of the Premises. Concessionaire agrees to
maintain the lighting fixture wiring used for general illumination within the Premises.
Concessionaire shall ensure that activities within the Premises do not damage or harm any
infrastructure systems at DEN.
Concessionaire must submit its Maintenance Plan in writing for written approval of and periodic
review by DEN. Concessionaire must receive DEN’s approval of its Maintenance Plan at least
thirty (30) days prior to Actual Opening Date and annually thereafter.
UNSATISFACTORY MAINTENANCE
If at any time DEN determines maintenance performed by a Concessionaire is not in compliance
with DEN requirements or standards, DEN will notify Concessionaire in writing. Thereafter,
required maintenance must be performed to DEN’s satisfaction within fifteen (15) calendar days
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after receipt of such written notice. If not timely performed, City may choose to perform the
maintenance and charge the Concessionaire for the cost of the work done plus a fifteen percent
(15%) administrative fee.
QUALITY OF GOODS AND SERVICES
Goods and services offered at Concessionaire’s Premises must conform in all respects to applicable
federal, state, county and municipal food and drug laws, ordinances and regulations, along with
DEN’s Rules and Regulations, and be of First-Class Quality. Concessionaire must keep a
sufficient supply and variety of goods and services offered for sale at each Premises, consistent
with the Price List, to meet the demand of customers.
1. Franchise Standards: All franchise/licensing standards applicable to a Concession must
be met or exceeded. Copies of the franchise/licensing standards and performance audit forms shall
be sent to City prior to the first day of business at such Premises. Concessionaire must submit to
City copies of all inspections conducted by the franchisor/licensor or mystery shopper service hired
by the franchisor/licensor within ten (10) days of receipt by Concessionaire.
2. Printed Menus: Printed Menus are required to include appropriate descriptive
terminology that accurately and truthfully describe the food, beverages, services, or goods being
offered.
3. Deficiencies: If DEN identifies any deficiencies in quality, variety, and quantity of goods
or services offered, Concessionaire will be notified in writing and must correct the deficiency
within seven (7) days, unless DEN authorizes in writing a longer period. Failure to correct within
the period authorized by DEN will subject Concessionaire to Liquidated Damages.
MERCHANDISING
All retail merchandise and other items sold or kept for sale shall be of high quality and wholesome
and must conform to the fullest extent with all applicable food and drug laws, ordinances and
regulations, as well as DEN’s Rules and Regulations and Operating Directives. Concessionaire
must develop and implement creative merchandising techniques to entice customers to purchase
food, beverages, retail merchandise, and services.
1. Examples: Food and beverage displays, retail merchandise displays, display cases,
promotional displays, attractive and durable packaging, menu boards or table-top menus, and
pictures of food and beverages or retail merchandise are some ways to merchandise product
offerings.
2. Displays: Prices for all goods and services shall be displayed and visible to all customers.
No merchandising displays or product may protrude past the line of any Premises. Apparel and
accessory merchandising should be neatly folded or hung in appropriate locations. Display and
materials placement must comply with ADA standards and allow for ease in movement by
customers with luggage.
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3. Submittals and Approval: Concessionaire must submit proposed changes to
merchandising plans to City for prior written approval. City will approve or disapprove all product
displays and/or require Concessionaire to modify product displays.
4. Compliance: If Concessionaire fails to comply with a written notice from City to take
down or modify a merchandising display, such failure will subject Concessionaire to Liquidated
Damages accruing and being assessed.
RIGHT TO DISCONTINUE
City may require Concessionaire to discontinue the sale or use of any product it deems
unsatisfactory, distasteful, or inappropriate for any reason. DEN will provide written notice to
Concessionaire detailing the product it deems unsatisfactory, distasteful, or inappropriate and the
date the Concessionaire must discontinue sale or use of such product.
TO-GO GOODS AND SERVICES
All food and non-alcoholic beverage products should be made available “to go” for customers if
they so request. As noted above, carry out or “to go” containers and flatware offered by
Concessionaire must be recyclable and/or compostable, and Concessionaire is prohibited from
using styrofoam containers/cups, and plastic bags.
PERSONNEL
Concessionaire must hire, train, supervise, and deploy a sufficient number of Personnel to service
customers in a timely and efficient manner. Concessionaire must closely monitor Personnel to
ensure First-Class service to customers in compliance with this Agreement. The satisfactory
performance of this obligation shall be determined in the sole discretion of City. Concessionaire
shall take all proper steps to discipline Personnel who participate in acts of misconduct on or about
the Premises.
1. General Manager: Concessionaire’s General Manager must have full authority to make
day-to-day business decisions on behalf of Concessionaire with respect to the Concession
including, but not limited to, authority to control the conduct and demeanor of Concessionaire’s
Personnel. The General Manager shall represent the Concessionaire in dealings with City and shall
coordinate all Concession activities with City. The General Manager shall be assigned to an office
at or near DEN and shall be available during City’s regular business hours. The General Manager
shall designate a qualified, competent, and experienced subordinate to be in charge and available
during his/her absence during Concessionaire’s regular operating hour.
a. General Manager(s) must be the primary individual(s) responsible for fulfilling
Concessionaire’s obligations for operation of all Premises at DEN. Concessionaire’s
offices should be located at or near DEN and the General Manager(s) must be
available twenty-four (24) hours a day, seven (7) days a week for City staff to
communicate any challenges and/ or emergencies. If a General Manager is not
available, a qualified and responsible alternate is required to be left in charge and
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available twenty-four (24) hours a day, seven (7) days a week with the ability and
authority to make decisions on the Concessionaire’s behalf.
2. Uniforms: If Concessionaire’s staff are required to have brand specific uniforms, such
uniforms must be worn appropriately and will be clean and neatly pressed at all times. All uniforms
must receive prior City approval, including new uniforms and uniform changes.
3. Smoking: Smoking at DEN is limited to the designated smoking areas only.
Concessionaire’s employees are not permitted to smoke while in uniform.
4. Customer Service Training: In the event City establishes a universal customer service
training program for Concessionaire, City will provide Concessionaire with at least ninety (90)
days prior written notice. Thereafter, Concessionaire will ensure the following:
a. Concessionaire’s employees complete the customer service training program within
six (6) months of the effective date of the City’s notice.
b. Concessionaire’s employees hired after the date of implementation of City’s
customer service training program must complete the training within one (1) month
of beginning employment.
5. Additional Personnel Requirements: In addition to the personnel requirements stated
above, Concessionaire must ensure all Personnel engaged in operation of the Concession conform
to the applicable rules and procedures stated in this Handbook and any other DEN Rules and
Regulations and Operating Directives.
6. Objections: City will provide Concessionaire with written objections to the demeanor,
conduct, and/or grooming of any of Concessionaire’s Personnel, invitees, or those it does business
with. Immediately upon notice of objection by City, Concessionaire shall take all steps necessary
to remedy the cause of the objection. If requested by Concessionaire, City shall present its
objections in writing and provide Concessionaire the opportunity to reply to the objections and
such reply will be given consideration by City. If Concessionaire fails to address the written
objections provided by City, such failure will subject Concessionaire to Liquidated Damages
accruing and being assessed.
SUBMITTAL OF PROPRIETARY OR CONFIDENTIAL INFORMATION
Under the Colorado Open Records Act (C.R.S. 24-72-201 through 205) (“CORA”), all documents
submitted to or created by City in the course of management of DEN’s Concessions Program may
be subject to public disclosure. However, in accordance with CORA and/or any other law
restricting disclosure of information or documentation submitted to the City, to designate portions
of and/or an entire document submitted to City as confidential, Concessionaire must:
1. Mark the cover page as follows: “This document includes trade secrets or other
proprietary data.”
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2. Mark each sheet or all data/information to be restricted with the following legend:
"Confidential: Use or disclosure of data contained on this sheet is subject to the restriction on the
cover letter of this document."
3. Provide two (2) copies of the requested document. One unredacted copy of the
document, and one copy of the document with all proprietary data/information fully redacted.
Concessionaire is responsible for properly and adequately redacting any data which it desires to
remain confidential. If entire pages or sections are removed, a page indicating that the page or
section has been redacted must represent them.
4. Failure to provide a redacted copy may result in public disclosure of an un-redacted
copy.
5. Provide a written explanation of the basis under which each redacted item has been
deemed confidential, making reference to CORA and/or any other law restricting disclosure.
Indiscriminate labeling of material as "Confidential", without providing a corresponding written
explanation for the basis under which such information is “Confidential” is grounds for rejection
of the document.
ARTICLE XIV. OPERATIONAL INFORMATION
VALUE PRICING
1. One of DEN’s objectives in its Concession Program is to provide patrons and employees
high quality goods and services at reasonable prices. In accordance with DEN’s Value Pricing
Policy Concessionaire’s prices must meet the following requirements:
2. For merchandise with a pre-printed price affixed by the manufacturer or distributor, the
selling price at DEN must not exceed the pre-printed price; and
3. Prices for nationally or locally branded goods and services represented within the
Denver-Aurora-Lakewood, CO Metropolitan Statistical Area must not exceed the selling price for
the same goods and services at the closest off-DEN establishment of the same brand name by more
than ten percent (10%); and
4. Prices for all non-branded, proprietary, or branded Premises not represented in the
Denver-Aurora-Lakewood, CO Metropolitan Statistical Area must not exceed the average selling
price for similar or equivalent goods (of like size and quality) and services at three (3) Price
Benchmark Establishments, by more than ten percent (10%). Price Benchmark items and
establishments must be approved by DEN.
PRICE BENCHMARKING ESTABLISHMENT
Not less than sixty (60) days prior to the opening any Premises, Concessionaire must submit to
City a Price Benchmarking Establishment report, Form D. The Price Benchmarking Establishment
report must contain the following:
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1. The names and addresses of at least three (3) businesses for each of the goods or services,
or substantially similar items within the Denver-Aurora-Lakewood, CO Metropolitan Statistical
Area (or other geographic location approved by City) that Concessionaire proposes to use as a
Price Benchmark Establishment;
a. If branded goods and services are already represented within the Denver-Aurora
Lakewood, CO Metropolitan Statistical Area, one of the three businesses must be an
off-DEN establishment of the same brand name;
2. The businesses must be comparable in concept, size, ambiance, service style and quality
to the Premises and, to the extent practical, be the same businesses as identified in Concessionaire’s
Response to RFP; and
3. The businesses at entertainment or sports venues, other transportation facilities,
amusement parks, zoos, resorts and hotels are specifically exempted from use in Price Benchmark
Establishment.
After approval by DEN, the Price Benchmark Establishments will set a basis for Value Pricing at
DEN for Concessionaire’s Premises. In the event any of the Price Benchmark Establishment(s)
no longer serve as a valid comparison, Concessionaire must propose a substitute Price Benchmark
Establishment(s) within thirty (30) days for approval by City. In the event Concessionaire cannot
determine Price Benchmark Establishments(s), City, in its sole discretion, will identify local area
businesses similar to Concessionaire’s business at DEN to be deemed as Price Benchmark
Establishment(s).
PRICING SURVEYS
No later than sixty (60) days prior to the earlier of the Actual or Required Opening Date, and prior
to the beginning of each Contract Year, Concessionaire must, at its own expense, prepare a goods
and services value pricing survey of the Price Benchmark Establishments that demonstrates
Concessionaire’s compliance with City’s Value Pricing policy. If City concludes, based on the
Value Pricing Survey any prices do not comply with its Value Pricing policy, Concessionaire must
adjust prices within three (3) calendar days of written notice. Failure to adjust any pricing
discrepancies within three (3) calendar days will result in Liquidated Damages accruing and being
assessed.
VALUE PRICING CHANGES
Concessionaire may request changes to pricing once every calendar quarter during its Term, or
more frequently as agreed to by City. Requested price changes must be submitted in writing and
include the following information: The results of recent value pricing survey(s); and the economic
justification supporting the requested price changes(s).
City will determine which, if any, price changes are consistent with the Value Pricing policy and
notify Concessionaire in writing of its approval or rejection of each requested price change.
Thereafter, City will modify the applicable Price List to incorporate said price adjustments.
HOURS OF OPERATION
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Concessionaire is required to keep each Premises open such that the passengers of all flights
arriving or departing from any concourse where a Premises has been assigned will be
accommodated. Additionally, Concessionaire’s Hours of Operation must meet the following
requirements unless the Agreement specifically states otherwise:
1. Premises Hours of Operation must not be less than two (2) hours before the first flight
on the concourse and one (1) hour past the last flight, subject to change as dictated by airline
schedules, with all goods and services required under Concessionaire’s agreement being provided.
2. Hours of Operation must be posted visibly at each Premises, in a form approved by City,
at such time as directed by City.
3. In the event of flight delays, emergency circumstances, or other unforeseeable events,
Concessionaire must remain open beyond store hours. Concessionaire is required to make all
necessary accommodations to extend store hours until delayed flights depart or until instructed
otherwise by City. When an event requires extended hours, a notification will be sent from City to
all Concessionaires.
Failure to open for business at the required time or closing early will constitute a violation of
Concessionaire’s Agreement that subjects Concessionaire to the accrual and assessment
Liquidated Damages as stated in the Agreement.
CHANGES TO HOURS OF OPERATION
City has the right to change the hours of operation to ensure that goods and services are available
to serve the needs of the traveling public at any time during operation of the Concession. City will
provide such requests in writing to Concessionaire.
Concessionaire may request changes to Hours of Operation after six (6) full months of operations
under their Agreement. Such requests will be approved or denied by City at its discretion. Within
ten (10) days after a change to the Hours of Operation for any Premises, City will modify
Concessionaire’s Summary of Contract Provisions to reflect the change confirmed by letter
executed by the SVP of Concessions on behalf of the CEO.
DELIVERY OF GOODS
Concessionaire must make all deliveries for its Premises in the manner specified by DEN’s Rules
and Regulations, TSA regulations, and at such times and locations as City may approve or require.
Each Concessionaire is responsible for complying and ensuring their vendors comply with the
driver training program requirements outlined in DEN’s Rules and Regulations, Rule 130.03. Prior
to operating vehicles on the airfield, each Concessionaire and their vendors must meet these
requirements. Advanced planning is necessary to ensure approval. Permitting and training must be
accomplished prior to any official state date. For questions please contact DEN’s Airport
Operations Driver Training at (303) 342-4162.
Terminal/AOB Loading Dock is open twenty-four (24) hours a day, seven (7) days a week.
However, the Dock Master is not available after 10:00 PM. Deliveries may be made at any time,
but the delivery company must use a badged driver for deliveries after 10:00 PM and on weekends
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or holidays. All guard gates are staffed and open 24 hours, seven days per week. However, in
accordance with TSA rules and regulations, all deliveries of merchandise and consumables, for
sale or use by passengers must be inspected before entering the Sterile Areas of DEN. The
following procedures have been instituted by Airport Security to ensure compliance:
1. Freight Elevators are staffed with contract security guards during the following times:
A Concourse: AE-11 (F1) & AE-10(F3) [0600 – 2200]; AE09 (F2) [0600 – 1800];
AE-14 (F4) [24/7]
B Concourse: BE-15 (F5), BE-13(F6), BE-11(F7), BE-12(F8), BE-14(F9) [0600 –
2200]; BE-24(F10) [24/7]
C Concourse: CE-10 (F14) & CE-06(F13) [0600 – 2200]; CE-07(F11) [0600 –
1800]; CE-05 (F12) [24/7]
It is the Concessionaire’s responsibility to confirm these hours with Airport Security prior to
delivery, as security guard staffing hours may change without notice to City personnel.
2. Freight Elevator access has been removed from Concessionaires and Delivery Vendors
for those hours when security officers are not posted at concourse elevators; and
3. For inspections after hours, please contact the Communications Center at (303) 342-
4210. A security officer will be dispatched to provide access once the inspection is completed; and
4. Shrink wrapped pallets are no longer an acceptable for factory packaging. Shrink
wrapped pallets must be broken down to the point that allows security officers to ensure all items
on pallets are factory sealed. Additionally, all pallets must be managed and stored in a manner that
does not create complaints or ingress/egress issues.
5. Concessionaires must schedule delivery and stocking time for hours when such activities
do not interfere with passenger traffic and access. Be aware that ramp access may be unavailable
during low visibility times. At no time may stock be stored in passenger facing or flow areas.
CENTRAL RECEIVING AND DISTRIBUTION
DEN may implement a Central Receiving and Distribution Center (“CRDC”) for all deliveries at
DEN.
1. If DEN implements a CRDC, it will contract with a Logistics Manager, as further
described below, to operate the CRDC and provide distribution and delivery services to
Concessionaire at DEN. Concessionaire must use the Central Receiving and Distribution Center
at its own cost and expense for all deliveries unless prohibited by law or approved by DEN.
2. A Logistics Manager will establish rules and procedures regarding the operations of the
CRDC and the distribution and delivery services to DEN’s terminals and concourses. Rules and
Procedures will include, but are not limited to:
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a. Operating hours of CRDC; and
b. Scheduling and acceptance of each Concessionaire’s deliveries to the CRDC; and
c. Scheduling and place of deliveries; and
d. Transportation of goods and related equipment among the Concourses, Terminal, and
CRDC.
Rules and procedures will be incorporated into in this Handbook once they are implemented and
may be modified from time to time.
3. The Logistics Manager will make deliveries to the Premises and Concessionaire’s
Support Space(s). Concessionaire must transport delivered inventory among the Premises and
Storage Spaces in the same building at such times and by such routes as determined by the Logistic
Manager. Concessionaire will be responsible for the return of all pallets, storage containers and
other equipment belonging to its suppliers to locations designated for return by the Logistics
Manager. Concessionaire must transport goods with carts or conveyances that are sealed, leak-
proof, and equipped with pneumatic wheels suitable for operating on carpet or other flooring
without damage.
STORAGE INSPECTION PROGRAM
DEN has instituted a storage inspection program for storage space occupied by Concessionaire.
Concessionaire must comply with access requests by City staff to inspect storage space within its
Premises. City staff inspects for spills, improper use of the space, improper storage of volatile
items, and other violations of DEN’s Rules and Regulations.
CUSTOMER SERVICE
City understands customer satisfaction is a main driver in the success of DEN operations, and that
DEN aims not only to achieve satisfaction but to exceed customer expectations. Traveling
customers have specific needs and City strives to ensure all employees at DEN are aware of and
accommodating to those needs. Therefore, Concessionaire is required to provide customer service
training for its staff and is required to answer every call received on its business telephone line.
All staff members are required to follow all of DEN’s Rules and Regulations and should review
this Handbook in its entirety. Concessionaire is required to keep on file copies of all employee’s
signed forms acknowledging their receipt and understanding of this Handbook.
SERVICE VALUES
Concessionaire must adhere to the City’s Service Values stated below by delivering extraordinary
customer service. All Customers must feel genuinely welcomed and appreciated for their business.
Concessionaire must anticipate the needs of customers by identifying expectations and working to
meet those needs. Concessionaire are required to adhere to the following Service Values:
1. My guest is my first priority – I am Responsible
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2. I greet every guest with a smile – I am Approachable
3. I anticipate my guest’s needs – I am Attentive
4. I own and do my best to resolve my guest’s problems – I am Reliable
5. I am proud of my professional appearance, language, and behavior – I am Respectful
6. I seek opportunities to innovate and improve my guest’s experience – I am a Problem
Solver
7. I assist in providing a safe, sustainable, clean, and secure environment for guests and
employees – I am Confident
8. I deliver the Wow! – I am Committed
SERVICE STANDARDS
The following Service Standards ensure that DEN customers receive the best traveling experience
and feel appreciated for selecting to travel at DEN and set a bar for service excellence. The image
our Concessionaires portray is a reflection of the City and must convey First Class operations and
excellence at all times in accordance with the following standards:
1. Employee Standards:
a. Employees are given all of the training and knowledge necessary to competently and
confidently serve customers;
b. Employees strive to delight customers through uncompromising levels of courtesy,
cleanliness, and positive performance;
c. Employees maintain eye contact and offer full attention while conversing with
customers;
d. Employees are aware of important landmarks and are prepared to answer the
questions of travelers;
e. Employees act with a sense of urgency, understanding that traveling customers have
time constraints;
f. Employees are well groomed, neat, professional, and comply with the Image
Standards set forth below;
g. Employees maintain composure and a calm demeanor when encountering disgruntled
customers.
2. Customers Interaction Standards:
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a. Customers are welcomed and greeted in a friendly and comforting manner;
b. Customers are genuinely thanked for their business;
c. Customers are guaranteed to receive high quality products and services;
d. Customer needs are anticipated and handled proactively;
e. Procedures are in place for customers to easily contact management with concerns,
complaints, questions, or suggestions.
IMAGE STANDARDS
City strives to convey professionalism, confidence, composure, excellence, and quality. A fresh,
neat, and composed appearance reflects these qualities and exhibits the commitment and
dedication we have to the work we do daily. The Image Standards below have been developed for
all Concessionaires and their employees.
1. Employees must maintain a well-groomed, neat, professional, and clean appearance at
all times including the following:
a. Hair must be clean and neatly groomed at all times.
b. Any Concessionaire specific uniforms are required to be worn appropriately, and be
clean and neatly pressed at all times.
c. Prior to the use of any new uniforms or uniform changes, all uniforms must be
approved by DEN.
d. Security badges and any name badges must be appropriately displayed at all times.
e. Employees must refrain from using foul or inappropriate language at any time in the
workplace, at DEN, or while traveling via public transportation while wearing
company uniform.
f. Employees must refrain from any activity that could interfere or distract from
providing quality service to the customer (i.e. eating, drinking, chewing gum,
smoking, or using phones in customer environment).
g. Personal radio/recorders, headphones, or ear buds are not permitted at any time while
employees are on duty.
h. Employees are expected to always be properly identified as DEN Concessionaire
employees.
i. Employees are prohibited from wearing items that could interfere or distract from
providing quality service.
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2. Concessionaire is required to submit company and/or location specific uniform
standards to DEN at least thirty (30) days prior to opening. Company standards must outline how
uniforms are to be worn, acceptable amounts of jewelry, and finger nail standards (length of nails,
nail polish and fake fingernail policies).
CUSTOMER COMPLAINTS
All customer complaints received by Concessionaire must be responded to promptly. A written
copy of Concessionaire’s response and/or corrective actions must be submitted to the Contract
Administrator within forty-eight (48) hours of receipt of the complaint.
MYSTERY SHOPPING
Independent of any process or obligation under any other program, including the PVC Program,
the City may evaluate Concessionaire’s customer service through a mystery shopping program.
City will monitor, test, and/or inspect the services of any Concessionaire at any time through the
use of a mystery shopper service or other commercially reasonable means. Concessionaire will be
given copies of all City sponsored mystery shop reports. Concessionaire will be required to
document corrective actions for any deficiencies found on mystery shopper visits. Documentation
must be submitted to City within ten (10) days of receipt.
RETURN POLICIES
Concessionaire is required to have a return policy for operations at DEN in accordance with the
following requirements:
1. Concessionaire must have a clearly posted and understood policy allowing for
exchanges and refunds that encourages credibility and confidence in the product and the
Concessionaire.
2. Concessionaire’s policy must include a provision that all returns made within thirty (30)
days with valid receipt will be replaced, exchanged, or refunded at the customer’s option.
3. Concessionaire is required to display its Return Policy at each Premises so that it can be
clearly seen by the public.
4. Concessionaire Return Policy signage must be approved by City prior to displaying it
on the Premises.
SECURING MERCHANDISE
Concessionaire is responsible for securing all merchandise within its Premises. The City is not
responsible for lost or stolen items or damage to merchandise under any circumstances.
HANDLING RECEIPTS
Concessionaire is required to observe cash-handling and credit card processing procedures in
accordance with sound accounting and financial control practices and as necessary to provide
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timely and accurate reports to City. Thirty (30) days prior to the opening of any Premises,
Concessionaire must submit a copy of cash handling and credit card processing procedures. City
may request an updated copy of these procedures at any time and monitor and/or test any of
Concessionaire's procedures and controls. Concessionaire is required to make change for the
public. This includes servicing both persons making a purchase in the store and persons not making
a purchase.
CREDIT CARDS
Concessionaire’s credit card procedures must ensure the following:
1. Concessionaire must accept cash, gift cards, airline vouchers, traveler’s checks, debit
cards, and all nationally recognized credit cards including American Express, MasterCard, VISA,
and Discover; and
2. Concessionaire does not implement a minimum credit card or debit card purchase
amount or charge for credit card purchases; and
3. A procedure for storage and disposal of credit cards left by customers; and
4. Concessionaire complies with the most recent Payment Card Industry Data Security
Standard requirements;
Concessionaire’s Independent CPA must yearly certify Concessionaire’s operations are compliant
with Payment Card Industry Data Security Standards. Any reports required by the Payment Card
Industry Security Standards Council must be forwarded to City.
POINT OF SALE TERMINALS
1. Concessionaire must install and properly train employees to use an electronic point-of-
sale terminal(s) (“POS Terminals”) in order to provide an accurate record of all transactions
occurring at each Premises for accounting, reporting and auditing purposes. All POS Terminals
used at DEN must have, at a minimum, the features listed below:
a. Multiple segregated category addresses to allow for accurate and complete reporting
of Gross Receipts by various goods and services categories; and
b. The capability of recording transactions by sequential control number to an audit tape
or computer file; and
c. The capability of recording any discounts that are applied to a transaction; and
d. The capability of printing a transaction history to tape or computer file by category
of goods or services, time of day, day, month, and year by category; and
e. The capability of printing customer receipts showing the items purchased, price of
each item, transaction amount, the amount tendered, the amount of change due to the
customer, and the time and date of the transaction. Additionally, the customer receipt
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must show Concessionaire’s contact information including name, phone number and
email address for any customer concerns, complaints, or questions; and
f. A fee display of sufficient size and legibility that is placed in a location visible to the
customer during a transaction; and
g. A secure transaction audit tape or ASCII transaction file on a removable storage
device.
2. Employees must accurately perform the following features on the POS terminals:
a. Accurate reporting of gross receipts by various merchandise and services categories.
b. Recording transactions by sequential control number to an audit tape or computer
file.
c. Printing a transaction history to tape or computer file by time of day, day, month, and
year by product category.
d. Printing customer receipts showing the items purchased, price of each item, amount
due, amount tendered, and the amount due to the customer, as well as the time and
date of the transaction and Concessionaire contact information including phone
number and/ or email address for any customer concerns, complaints, or questions.
e. Giving accurate change and displaying fees to customers during a transaction.
f. Maintain a secure transaction audit tape or ASCII transaction file on a removable
storage device.
UNIVERSAL POS SYSTEM
City may implement a universal POS Terminal or other technology to work in tandem with
Concessionaire’s POS Terminals for continual access to each Premises’ point of sale data.
Concessionaire must fully cooperate in the implementation of such a universal point-of-sale
system or other technology.
MATERIAL SAFETY DATA SHEETS
Upon request from City, Concessionaire must provide copies of all Material Safety Data Sheets
(“MSDCS”) for all chemicals used in the operation of the Concession, including those used for
cleaning and maintenance.
DATA & TELEPHONE SERVICES
For data and telephone setup, Concessionaire has the option to use a third-party provider brokered
through City. Many locations are not provisioned for third party provider cabling, and any costs
associated with interior cabling are the responsibility of the Concessionaire. To use City’s
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services, or to ask any questions about data and phone line setup, Concessionaire should contact
DEN’s Information Technology Department.
NOISE
Any Concessionaire that wishes to play music at a Premises must obtain prior written approval for
the system, type of music, and volume level from City. Concessionaire must not engage in any
activity prohibited by City’s existing or future noise abatement procedures nor DEN’s Rules and
Regulations. Any noises within a Premises must be kept at a volume level so that the noises do not
extend outside the Premises into the public areas or into another Concession area. All music, TVs,
etc. must be connected to DEN’s Emergency Communication System (ECA), to ensure these
tenant systems are captured or muted during emergency announcements.
SECURITY PROGRAM
1. Each Concessionaire, Concessionaire vendor, or Concessionaire contractor requiring
access to the Secured Area, Sterile Area, and/or any other Controlled Area must become a
"Participant" in the DEN’s Airport Security Program (“ASP”) and must remain in good standing
with the program to maintain airport security privileges. All new Concessionaire must contact
DEN’s Security Department to set up and attend a New Participant Meeting Prior to opening any
Premises at DEN. The following information and documents are required at the Participant
Meeting:
a. Sponsorship Form from each company you are servicing or working for; and
b. Contact information for your company (e-mail address, phone number, etc.); and
c. List of areas, doors, and gates that you will require access through. Please contact
your sponsor to determine necessary access; and
d. Fees for fingerprinting (cash, check, or credit card accepted - checks should be made
payable to "Airport Revenue Fund").
2. The representative sent by Concessionaire to the Participant Meeting will become the
Authorized Signatory and the security contact for the Concessionaire. Concessionaire, and any of
Concessionaire’s employees, vendors, or contractors requiring access to the Secured Area, Sterile
Area, and/or any other Controlled Area must be sponsored by the Concessionaire. All of
Concessionaire’s construction contractors must submit the Participant Sponsorship Form with
their Concessionaire's signature.
SAFETY AND SECURITY; SECURIITY PLAN
1. All Concessionaires must:
a. Be compliant with all TSA Security Directives, Part 20 of DEN’s Rules and
Regulations, and any Security Requirements for Operations at DEN.
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b. Develop a Security Plan to ensure compliance with the requirements of TSA Security
Directives, Part 20 of DEN’s Rules and Regulations, and Airport Security are met and
exceeded
c. Maintain up to five (5) Authorized Signatories to oversee the background check
process, signing applications/forms, training of security requirements, and audit
Airport ID Badge Certification report on a quarterly basis and requesting that Airport
ID badges be cancelled & returned immediately upon termination for their employees.
d. Provide Airport Security with an updated roster of their current active Airport ID
badge holders when requested.
e. Be compliant with the Violation Notice Program at DEN as outlined in Part 20 of
DEN’s Rules and Regulations.
f. Report suspicious activity to DEN Security or 303-342-4211.
2. Concessionaire must submit to DEN’s Security Department written operating and
security procedures for its operations at DEN (the “Security Plan”) at least thirty (30) days prior
to the earlier of the Actual or Required Opening Date. The Security Plan shall include, but is not
limited to the following:
a. Concessionaire’s procedures for training staff on DEN’s security requirements,
including DEN Rules and Regulations Part 20. Such procedures should include
Concessionaire’s procedures for handling language or disability accommodations;
and
b. Concessionaire’s procedures for sponsorship of vendors and/or contractors
performing work on behalf of Concessionaire at DEN. Such procedures should
include auditing procedures to ensure Concessionaire terminates sponsorship
immediately after the vendor/contractor’s completion of work at DEN; and
c. Concessionaire’s access control procedures including Concessionaire’s procedure for
securing each Premises during non-operational hours and securing of any access keys;
and
d. Concessionaire’s procedure for complying with DEN and TSA audits, including
prohibited items, sponsored entities, and badge holder audits; and
e. Concessionaire’s procedure for accepting deliveries of merchandise and
consumables, including Concessionaire’s procedure for accepting and transporting
deliveries into the Sterile Areas of DEN; and
f. Concessionaire’s procedure for collecting Airport Identification Badges upon
separation of staff.
For detail about the Security Plan and the required information please contact DEN’s Security
Department.
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AIRPORT IDENTIFICATION MEDIA
All of Concessionaire’s Personnel who work at DEN must apply for and be issued a proper security
identification badge prior to beginning work at DEN. Concessionaire is responsible for all costs
associated with obtaining the required security identification badges and security clearances for its
Personnel, including, but not limited to, the costs of training and badging as established by City.
If any of Concessionaire’s Personnel is terminated or leaves Concessionaire’s employment, City
must be notified immediately, and the security identification badge must be returned to City
promptly. City will collect liquidated damages from Concessionaire for each security identification
badge that is lost, stolen, unaccounted for, or not returned to City at the time of security
identification badge expiration, employee termination, termination of this Agreement, or upon
written request by City.
Concessionaire’s Personnel who are issued security identification badges must only utilize such
badges and access privileges in connection with the operation of Concessionaire’s business.
Concessionaire’s Personnel shall be informed of this requirement in writing from Concessionaire.
Concessionaire’s Personnel shall also be informed in writing from Concessionaire of the penalties
for violating this requirement, which must include, but is not limited to, termination of a person’s
employment.
PROHIBITED ITEMS
Before a Concessionaire opens any Premises, Airport Security conducts and initial Prohibited
Items Inventory of the Premises, at which time Concessionaire signs a Security Agreement. Items
used in operating the business, such as box cutters, scissors, screwdrivers, back‐of‐house knives,
etc. that are also on the TSA’s Prohibited Items list are listed on the inventory sheet.
Concessionaire is responsible for tracking every restricted item and must secure the items from the
public. Airport Security conducts random checks of each Premises to verify that restricted items
are handled correctly. If Concessionaire adds or removes an item from the premises, a new
inventory form must be completed and submitted/approved.
Rounded metal “butter” knives may be approved for public use in an airport restaurant with written
pre‐approval. Concessionaire must submit the approval request to DEN Security thirty (30) days
prior to opening any Premises.
SECURITY VIOLATIONS
No Participant in DEN’s ASP and/or, DEN ID badge holder, may divulge any security source
documents or information to any individual, unless the individual has a specific and valid need to
know such information, as identified and defined in the federal government's Title 49 CFR Parts
15 and 1520. Any violation of DEN’s ASP by Concessionaire, its vendors, contractors, or
employees will result in the accrual and assessment of Liquidated Damages.
LOCKS
City requires a “Medeco” brand lock core on every lock within a Concessionaire’s Premises. Locks
must be installed by a locksmith at Concessionaire’s sole expense. If Concessionaire needs help
finding a locksmith, please visit: http://business.flydenver.com/bizops/genContractors.asp.
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ADVERTISED PROMOTIONS GUIDELINES
Each Concessionaire is required to participate in all advertised sales or promotions conducted by
its parent corporation, its franchisor, or its selected operating brands. Concessionaire is not
permitted to participate in liquidations, going out of business, moving sales or closeouts of
products or brands. Concessionaire may not post any type of sign related to these types of sales.
Concessionaire must make every reasonable effort to ensure that all corporate advertisements that
list multiple locations will list DEN as a participating location or member of the promotion or
sale(s). If participation in a sale or promotion harms a Concessionaire, the Concessionaire may
request, in writing to City in advance of the sale or promotion, permission to not participate.
MEDIA OPPORTUNITIES
DEN’s Office of Global Communications and Marketing is the primary and sole point of contact
for media matters relating to DEN. Global Communications and Marketing is available to assist
Concessionaire with any media requests received, and must be contacted prior to inviting any
media to DEN. Global Communications and Marketing is also responsible for maintaining
Concession Information on DEN’s official website, flydenver.com. Concessionaire must fill out
Form G1 which will be used to provide Global Communications and Marketing with the business
information that will appear on flydenver.com. Prior to any media or other special events,
Concessionaire must fill out and submit for approval by DEN Form G1.
DEN CORPORATE IDENTITY
Consistent handling of the DEN logo or Trade Name is required in all collateral materials.
Collateral material may include items such as brochures, newsletters, promotional items,
presentations, reports, etc. Any Concessionaire wishing to use the DEN logo on any materials must
submit a request to City’s Global Marketing and Communication’s division for review to ensure
consistency with the DEN’s corporate identity and image: [email protected]. For
external communications, if the Denver International Airport is abbreviated, it should be referred
to as DEN.
COMMUNICATIONS
Relevant email communications from City will be sent to the contact provided by Concessionaire.
Reading and/or responding appropriately to this information in a timely manner is important to the
success of all concessionaires. Information will be sent to the contact information provided on the
most recently submitted Form A received by City. Concessionaire must ensure that contact
information remains current at all times.
WIRELESS COMMUNICATION DEVICES
Concessionaire is not permitted to install any paging, audio or video systems within its Premises
without advance written approval of City. Should a concessionaire install any type of radio
transceiver or other wireless communications equipment, Concessionaire must provide radio
frequency protection within the aviation air/ground VHF frequency band and the UHF frequency
band in accordance with restrictions promulgated by the Federal Aviation Administration (FAA)
for the vicinity of FAA Transmitter or Receiver facilities. Radio frequency protection must also
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be provided for all other frequency bands operating in the vicinity of a Concessionaire's equipment.
Should interference occur as a result of a Concessionaire’s installation, City will shut down the
installation until appropriate remedies to the interference are made by the Concessionaire.
LIFE SAFETY TRAINING
Concessionaire must provide life safety training to all employees. All of Concessionaire’s
employees must understand the proper usage of any life and fire safety equipment installed in the
Premises, as well as the life safety features of DEN. Each employee must know the locations of
fire extinguishers, fire pull stations, and exit routes.
SPRINKLERS & SMOKE DETECTORS
All sprinklers and smoke detectors must be maintained and operable at all times and no storage,
obstruction, or furniture may impede the operation of the same. Fire alarms and alarm devices
must not be disconnected or tampered with by any means. Fire alarm components must be
maintained and operable at all times.
REACTING TO EMERGENCY SITUATIONS
Concessionaire and its employees at DEN should be prepared to call (303) 342-4211 for
emergency services. This is the direct number to the Emergency Dispatcher at DEN. Calls to 911
are initially answered at the dispatch center downtown and then re-routed to DEN. Concession
Managers and other supervisory personnel can sign up for the DEN Everbridge Emergency
Notification System by submitting your name, email address, phone number to
[email protected]. Once you and any other of your employees have been set
up in the system you will receive real time updates from City regarding Delays, Weather, or other
irregular operational situations that may arise here at DEN.
EVACUATION PLAN
Each Premises is required to have an evacuation plan available and trained to all employees. This
evacuation plan must include directions to an exit as well as to a gathering place outside the
building. Evacuation route plans must be clearly posted and practice drills conducted at least
annually. When developing evacuation plans, Concessionaire must consider that the different
situations which could result in the need to evacuate. For example, fire, suspicious items, or re-
sterilization of the “sterile area” beyond TSA screening could require evacuation. When these
situations arise, Police, Fire or City Operations personnel will provide information on what area
must be evacuated.
In the event a TSA orders a re-sterilization of a concourse at DEN, Concessionaire will be advised
through email from City, public address system announcements, and/or in person notification to
the concessionaire’s General Manager. All customers without an airport ID must be cleared out
of the sterile area. Gates or doors with the Premises must be closed and locked and the Premises
must be checked by the Concessionaire. Any unusual or suspicious items (anything that does not
belong) should be reported to the police by calling 303-342-4211. Employees with airport ID may
stay on the concourse during the re-sterilization process.
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Before evacuating, the location manager should secure and safeguard all items within the premises
including, but not limited to, kitchen utensils, alcohol, company records (personnel files, original
contracts, negotiable instruments, documents, etc.) and lock appropriate files, vaults, closets,
desks, etc. Food and Beverage locations must ensure that all electrical/ gas appliances are turned
off (grills, fryers, broilers, stoves, etc.) and/ or unplugged before vacating the site.
SEVERE WEATHER PLANNING
1. City is equipped to advise Concessionaire and the public of emergency weather
conditions; however, in some cases, advance warning is not available. City may conduct severe
weather planning meetings in order to prepare and plan. All Concessionaires are required to have
a representative attend these meetings. All Concessionaires are required to create a severe weather
plan. The following preparation items should be completed as necessary in order to stay up-to-
date:
a. Review the plan with employees including the closest shelters; and
b. Plan on employees taking the public to shelters; and
c. Inventory emergency supplies; and
d. Purchase necessary emergency supplies; and
e. Confirm employee severe weather schedule plan; and
f. Organize and clean work areas; and
g. Update emergency contact lists.
2. When National Weather Service advisories begin, Concessionaire is asked to provide
information relevant to its operation, including any need for assistance from City, plans for
opening and closing operations, and security concerns. If a severe weather warning occurs, the
following actions must be taken:
a. City will pass on warning information through email, by City radio and over the
public-address system in the Concourses and Terminal.
b. Implementation of a systematic list of systems to be shut down and secured.
c. Planned timeline for returning services will be announced when available.
d. Concessionaire will be required to make contact with all employees at DEN to ensure
they take shelter.
e. Concessionaire will be asked to remind employees to take shelter and know where
that shelter is.
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f. Concessionaire must stop serving the public and guide them to shelter when directed
to seek shelter by the public address system.
3. After the severe weather, City will return to normal business activities as soon as
possible. A predetermined timeline and systematic return of airsides and services will be overseen
by City. Airfield and facilities will be inspected and returned to operations in order of importance.
When advised there is no longer the threat of severe weather, employees may leave shelter, taking
the public with them. Report injuries to (303) 342-4211 or 911. Report damage to the City
Property to DEN’s Communications Center or Maintenance Control Center at (303) 342-2800.
Concessions may re-open for business when they are ready to operate after returning to the
Premises.
POWER OUTAGE LOSS PREVENTION GUIDELINES
Concessionaire must be equipped with a Power Outage Emergency Kit, which must include a
method for tracking, tallying, and cashing out sales or orders during the outage. Concessionaire’s
employees should be trained on what to do during a power outage to maintain efficient operations
and to calm the public.
To ensure safe food handling during a power outage, proper documentation of the time of the
outage and record keeping of elapsed time when food is subject to unsafe temperatures (in the
temperature danger zone of 41-140 degrees Fahrenheit) should be taken. In order to maintain cold
food products as long as possible, Concessionaire must to ensure that its refrigerator and freezer
units are properly closed and that no hot foods are in these chilling units that could elevate
temperatures. Once power is restored, temperatures should be taken on food products to ensure
food safety. Any products that are found to be in the temperature danger zone must be discarded.
DAMAGING ACTIVITIES
No goods or materials will be kept, stored, or used in or on the Premises that are flammable,
explosive, hazardous (as defined below), or that may be offensive or cause harm to the general
public or cause damage to the Premises. The term “Hazardous” will mean:
a. Any substance the presence of which requires or may later require notification,
investigation or remediation under any environmental law; or
b. Any substance that is or becomes defined as a “hazardous waste”, “hazardous
material”, “hazardous substance”, “pollutant” or “contaminant” under any federal,
state, or local environmental law, including, without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act (42 U.S.C. §9601 et seq.),
the Resources Conservation and Recovery Act (42 U.S.C. §6901 et seq.) and the
associated regulations; or
c. Any substance that is toxic, explosive, corrosive, flammable, infectious, radioactive,
carcinogenic, mutagenic, or otherwise harmful and is or becomes regulated by any
governmental authority, agency, department, commission, board, agency or
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instrumentality of the United States, any state of the United States, or any political
subdivision within any state; or
d. Any substance that contains gasoline, diesel fuel, or other petroleum hydrocarbons or
volatile organic compounds; or
e. Any substance that contains polychlorinated biphenyls, asbestos, or urea
formaldehyde foam insulation; or
f. Any substance that contains or emits radioactive particles, waves or materials,
including, without limitation, radon gas.
If Concessionaire causes the same type of damage more than once in a twelve (12) month period,
such as a water leakage, electrical service interruption, activation of fire alarm system, or other
damage or alarm, Concessionaire shall submit a Remediation Plan, as described herein.
Timely and thorough communications with Concessionaires is required to address all notices of
concessionaire-related maintenance and fire alarm occurrences. The assigned Concession staff
will transmit the electronic communication, including any attachments, received from DEN
Maintenance Control to the concessionaire’s operational manager. Additionally, the
concessionaire shall provide the delegated Concession staff with a written summary of events any
time an operation has a fire alarm. Within 24 hours of fire alarm activation or the provision of the
Maintenance Control notification, the concessionaire will provide a written report identifying the
repair, operational resolution, or other steps taken to prevent fire alarms or remedy the maintenance
concern. Repeated alarms may result in the shutdown of the Concession’s operations until an
adequate solution is implemented. The concessionaire may be charged for any direct or incidental
charges or damages.
PROHIBITED ACTS
1. Concessionaire is prohibited from performing the following acts at DEN:
a. Concessionaire must not commit any nuisance, waste, or injury at DEN.
Concessionaire must not do or permit to be done anything which may result in the
creation, commission or maintenance of such nuisance, waste, or injury.
b. Concessionaire may not install coin-operated vending machines in any part of its
Premises or at DEN for either public or employee use.
c. Concessionaire and any personnel employed by Concessionaire may not use improper
language. Concessionaire and any personnel employed by Concessionaire may not
act in a loud, boisterous, or otherwise improper manner.
d. Concessionaire and any personnel employed by Concessionaire are not permitted to
solicit business in a manner that is offensive or otherwise unprofessional.
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e. Concessionaire may not sell any goods or services that have not been approved by
City. Concessionaire may not change prices of goods or services without approval
from City.
f. Concessionaire are prohibited from displaying tip jars, buckets, or containers unless
approved in writing, in advance, by City. Concessionaire are prohibited from printing
“tipping” language on sale and credit card receipts at all quick service and fast casual
eateries.
g. Concessionaire must not place excessive loads on the walls, ceilings, and floor or
pavement areas of DEN. Concessionaire must repair any areas damaged by excessive
loading to the satisfaction of City.
h. Concessionaire must not permit the active display or operation on its Premises of any
display that flies, flashes, or emits a noise or odor unless approved in writing in
advance by DEN.
i. Concessionaire, its vendors, contractors, and employees must at all times comply with
DEN’s Rules and Regulations (Rule 40) with regards to smoking. Employees of
Concessionaire are prohibited from smoking while in uniform.
j. Concessionaire must keep all service corridors, hallways, stairways, doorways, or
loading docks leading to and from the Premises free and clear of all obstructions.
Unless approved in writing in advance by City, in its sole discretion, Concessionaire
will not keep or display any merchandise on or within, or otherwise obstruct, any part
of DEN outside of the Premises.
k. Concessionaire is prohibited from interfering or permitting interference with the use,
operation, or maintenance of DEN including, but not limited to, the effectiveness or
accessibility of the drainage, sewerage, water, communications, fire protection,
utility, electrical, or other systems installed or located from time to time at DEN.
l. Concessionaire is prohibited from doing or permitting anything that may interfere
with free access and passage on the Premises or the public areas adjacent thereto, or
hinder police, firefighters, or other emergency personnel in the discharge of their
duties.
m. Concessionaire is prohibited from doing or permitting anything that might interfere
with the effectiveness or accessibility of elevators or escalators in or adjacent to the
Premises, including lines, pipes, wires, conduits, and equipment connected with or
appurtenant thereto.
n. Concessionaire is prohibited from placing any additional lock of any kind upon any
window or interior or exterior door on its Premises or making any change in any
existing door or window lock or the mechanism thereof, unless a key and/or code
therefor is maintained on the portion of the Premises were furnished to or otherwise
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procured by Concessionaire. If any keys furnished to Concessionaire by City are lost,
Concessionaire shall pay City, on demand, the cost for replacement thereof.
o. Concessionaire shall not store merchandise, carts, trash, boxes, cleaning supplies, etc.
outside the Premises or an any areas visible to the public.
p. Concessionaire shall not operate in a manner that allows odors, smoke, fumes, etc. to
migrate beyond the Premises.
Performance of these prohibited acts by Concessionaire will result in the accrual and assessment
of Liquidated Damages.
ARTICLE XV. PERFORMANCE REVIEW
FINANCIAL AUDITS
1. At any time during the Term after the Effective Date of each Concessionaire’s
Agreement, City may perform a Financial Audit. City will provide Concessionaire with written
notice before the initiation of any financial audit. Concessionaire must provide any and all records
requested by City within seven (7) business days of the written request. This includes, but is not
limited to, financial statements, general ledgers, sales journals, daily or periodic summary reports,
inventory and purchasing records, cash register or computer terminal tapes or reports, bank deposit
slips, bank statements, cancelled checks, tax reports/returns filed with state or federal entities,
discount or rebate/allowance contracts, records of refunds or voids, and joint venture or partnership
contracts. Such right of examination shall include cooperation by Concessionaire personnel
(including, but not limited to, cooperation in sending confirmations to Concessionaire’s suppliers
or others, assisting City in obtaining from governmental entities official copies of tax
reports/returns, and disclosing all bank or other accounts into which Gross Receipts are deposited)
as reasonably considered necessary by City, or its representative, to complete the engagement.
Failure to provide records will subject Concessionaire to the accrual and assessment of Liquidated
Damages.
2. All financial audits by City will take place at DEN, unless specifically agreed otherwise.
In the event an audit takes place at a place other than DEN, Concessionaire must reimburse to City
the cost of its personnel’s travel, transportation, and food/lodging. The purpose of any City audit
of Concessionaire’s financial information is to substantiate the accuracy of reported Gross
Receipts and Concessionaire’s compliance with other provisions of their Agreement. All books,
records, and contracts of Concessionaire and where applicable, all individuals or other business
entities who are party to this Agreement are subject to review by City or City’s Auditor. Books
and Records include, but are not limited to, all financial statements, general ledgers, sales journals,
daily or periodic summary reports, inventory and purchasing records, cash register or computer
terminal tapes or reports, bank deposit slips, bank statements, cancelled checks, tax reports/returns
filed with state or federal entities, discount or rebate/allowance contracts, records of refunds or
voids, and joint venture or partnership contracts.
3. Concessionaire shall allow City’s representatives to photocopy any records the
representatives determine to be necessary to conduct and support the engagement. Concessionaire
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shall provide City’s representatives with retrievals of computer-based record or transactions the
representatives determine to be necessary to conduct the engagement. Concessionaire shall not
charge City for reasonable use of Concessionaire’s photocopy machine while conducting the
engagement, nor for any cost of retrieving, downloading to storage media and/or printing any
records or transactions stored in magnetic, optical microform or other media.
4. Financial Audits are subject to the following results:
a. Proper Payment: City pays the reasonable costs of the engagement.
b. Underpayment of Gross Receipts More Than Three Percent (3%): If Concessionaire
underpays its Gross Receipts in an amount more than three percent (3%),
Concessionaire is required to pay the entire expense of the engagement and any
additional rents, fees and charges at the interest rate outlined in Concessionaire’s
Agreement. Additionally, City’s right to terminate Concessionaire’s Agreement for
Cause is triggered.
c. Underayment of Gross Receipts Equal to or Less Than Three Percent (3%): If
Concessionaire underpays its Gross Receipts in an amount equal to or less than three
percent (3%), Concessionaire pays the entire expense of the engagement and any
additional rents, fees, and charges at the interest rate outlined in Concessionaire’s
Agreement.
d. Willful or Fraudulent Underpayment of Gross Receipts: Concessionaire pays the
entire expense of the engagement and any additional rents, fees and charges at the
interest rate outlined in Concessionaire’s Agreement. Additionally, City’s right to
terminate Concessionaire’s Agreement for Cause is triggered.
PERFORMANCE AUDITS
1. At any time after the Commencement Date of each Concessionaire’s Agreement, City
may perform a Performance Audit. City will provide Concessionaire with written notice before
the initiation of any performance audit. If a Concessionaire fails to meet minimum standards in
any of these areas, City will collect Liquidated Damages for any non-compliant area and require
the Concessionaire to develop and implement a Remediation Plan, as described below. In order to
assure consistent adherence to performance standards throughout the term of Concessionaire’s
Agreement, City will use a rolling twelve (12) month cycle in the recording of incidents or failure
to meet standards.
2. The purpose of any City audit of Concessionaire’s performance under their Agreement
is to ensure that all of the operational, safety, and compliance standards of this Handbook are
consistently performed by Concessionaire. Concessionaire is required to fully cooperate with all
Performance Audit requests. DEN has established minimum objective standards establish in the
following areas:
a. Certification and Documentation Compliance;
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b. Customer Service;
c. Cleanliness of Premises;
d. Hygienic and Safe Food handling practices;
e. Daily Operations Management;
f. Sustainability Compliance;
g. Merchandising/Display Compliance.
3. Form H, in its newest version, will always be available to Concessionaire ahead of any
Performance Audit so that appropriate preparations can be made. Updates to Form H will be cause
for an update of this Handbook, which update will be emailed to Concessionaire. Remediation
Plans and documentation of corrective actions will be required after each Performance Audit,
regardless of any scoring.
ANNUAL REVIEW
1. City’s Annual Review is designed to review and evaluate the financial, customer service,
and operational performance of each Premises within DEN. No later than ninety (90) days after
the end of Concessionaire’s first full Contract Year, and at the end of each Contract Year thereafter,
the Concessionaire and DEN will meet for the Annual Review of each Premises operated by the
Concessionaire. In the event DEN determines that a Premises performed unsatisfactorily during
the prior Contract Year, City will provide written notice to the Concessionaire. City’s
determination of unsatisfactory performance may include:
a. Sales per Enplaned Passenger were less than eighty percent (80%) of the Projected
Sales per Enplaned Passenger for the Premises, as set forth in Concessionaire’s
Response to their RFP; and
b. Sales per Enplaned Passenger were less than eighty-five percent (85%) of Sales per
Enplaned Passenger for the same Premises during each of the two (2) preceding
Contract Years; and
c. Scores on any secret shopper survey(s) conducted by City or its representative were
less than eighty percent (80%) of the maximum achievable scores for the survey(s);
d. Scores on any operational survey(s) conducted by City or its representative were less
than eighty percent (80%) of the maximum achievable scores for the survey(s).
REMEDIATION
Concessionaire must undertake all actions necessary to remedy or remove any released or spilled
materials and any other contamination discovered on or under DEN property introduced or affected
by construction, modification, alteration or any other activities of Concessionaire. At DEN's
request sole discretion, Concessionaire must restore the Premises or any Premises to either its
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condition immediately prior to the initiation of the Concession Agreement or to a condition in
compliance with all applicable local, state, federal, or airport laws, rules, regulations, or orders.
This work must be performed at Concessionaire’s expense, and DEN shall have the right to review
the project plan, as well as review and inspect all such work at any time, using consultants and
representatives of DEN's choice. Concessionaire must further conduct surface and subsurface
monitoring pertaining to the Concessionaire's activities hereunder to ensure compliance with
applicable laws, rules, regulations, and permits or as determined by the CEO.
REMEDIATION PLANS
1. Within thirty (30) days of receipt of written notice of unsatisfactory performance,
Concessionaire must prepare and submit to City, a Remediation Plan to improve the performance
of the identified Premises. The Remediation Plan may include proposed remedial activities such
as:
a. Changes in staffing or training;
b. Merchandise and Service modifications;
c. Facility refurbishment and repair; and/or
d. Replacement of concept or brand.
2. Upon approval by DEN, Concessionaire must diligently implement the approved
Remediation Plan. Concessionaire must submit monthly reports on the progress of such
implementation to DEN. Where replacement of concept or brand is part of the Remediation Plan,
Concessionaire must submit to DEN a proposal for a new brand or concept within ninety (90) days
of written notice from DEN. The Replacement Proposal must include:
a. A detailed description of the brand or concept; and
b. Capital expense required to re-brand; and
c. Sales projections; and
d. A specific timetable to replace the brand or concept.
3. If the approved Remediation Plan includes the replacement of a concept or brand, then
City and Concessionaire will enter good faith negotiations concerning a concept or brand
replacement. If the concept or brand replacement is mutually agreed to, the reimbursement for
Unamortized Investment and the Capital Investment required for the concept or brand substitution
will be a component of the good faith negotiations.
DOCUMENT COMPLIANCE
1. To fully comply with the terms and conditions of each Concessionaire’s Agreement, the
following documents must be produced to City:
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a. Permits and Licenses – Copies of all required permits, certificates, licenses, or other
authorizations for operation of each Premises must be submitted to City prior to
opening any Premises.
b. Franchise/Licensing Agreements – Copies of franchise/license standards, procedures,
and any franchise/license quality audit forms must be sent to City at least thirty (30)
days prior to the opening of any franchise Premises. Concessionaire’s operations are
expected to meet or exceed franchise standards.
c. Quality Audit and Operating Standards – Concessionaire must submit a copy of
company quality audit forms and company operating standards to City at least thirty
(30) days prior to the opening of each Premises. Company operating standards include
uniform standards, customer service standards, safe food handling standards, ill
employee standards, cash handling standards, lost credit card standards, safety
standards, etc.
d. Health Inspection and Fire Safety Reports – Concessionaire must submit all health
inspection and fire safety reports, along with documentation of any required
corrective actions taken, to City within forty-eight (48) hours of receipt by the
Concessionaire.
e. Cleaning and Maintenance Program Schedules – Concessionaire must submit a
preventative and routine cleaning and maintenance plan to City at least thirty (30)
days prior to the opening of each Premises. The plan must include Concessionaire’s
proposed cleaning schedule.
f. Value Pricing Surveys – Value Pricing Surveys must be submitted to City at least
sixty (60) days prior to opening of any Premises and must be conducted on an annual
basis.
g. Customer Complaints – A written copy of Concessionaire’s response and/or
corrective actions based on any Customer Complain must be submitted to City within
forty-eight (48) hours of receiving the complaint.
h. Controlled Item Log, Maintenance Log, Pest Control Log, and Chemical Log –
Concessionaire is required to maintain logs of controlled items inventories (including,
but not limited to, merchandise and equipment), maintenance visits, pest control
visits, and chemical servicer visits. City, or any representative of City, and the TSA
may require Concessionaire to present these logs.
i. Contracts and Organizational Chart – Each Concessionaire is responsible for ensuring
that City has the most up-to-date contact information, ownership chart, and
organizational chart for their Premises and corporate operations.
j. Disaster Planning – Each Concessionaire must develop an evacuation plan and a
severe weather plan that coordinates with City’s Emergency Plan and Emergency
Response Manual.
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SUBMITTALS
Copies of all documentation that require submittal should be sent to DEN’s Concessions
Department via email at [email protected] and to the respective location’s Contract
Administrator. For any questions regarding reporting of documentation, Concessionaire should
contact the assigned Concessions Contract Administrator or Concourse Manager.
Any construction or maintenance work requiring prior approval should be submitted through the
process and procedures identified this Handbook. Other items requiring submittal to City for its
prior approval include signs, music/ noise requests, product lists of items for sale, certain vendor
and/ or servicer information, certain equipment, and employee uniforms may be submitted to
[email protected] or the assigned contract administrator, or an assigned DEN team
member.
FAILURE TO COMPLY
1. It is City’s objective to provide the public and air travelers with a First Class level and
quality of service to meet standards and expectations. Consistent First Class operations lead to
higher sales, higher customer satisfaction, and repeat business. Accordingly, City has established
the following actions that may be taken for various violations of this Handbook.
a. First Violation (First Offense Warning) – Any violation that is a first offense will be
delivered to Concessionaire as a “first offense” warning and trigger the accrual of
Liquidated Damages. This warning may be made verbally to the manager on duty
with written follow-up sent to the General Manager, or it may be made only to the
General Manager in written form. The violation will include a reasonable cure time
in order for the Concessionaire’s management to take corrective actions. It is the
responsibility of the Concessionaire’s General Manager to follow-up with City with
plans to resolve the violation and again once the violation has been remedied.
b. Second Violation (Second Offense Warning) – Any violation that is noted a second
time within a rolling twelve (12) month period or that has not been remedied by the
end of the “first offense” cure period will result in a “second offense” warning. This
warning may be made verbally to the manager on duty with written follow-up sent to
the General Manager, or it may be made only to the General Manager in written form.
The violation will include a reasonable cure time in order for the Concessionaire’s
management to take corrective actions. It is the responsibility of Concessionaire’s
General Manager to follow-up with the Concessions Department with plans to resolve
the violation and again once the violation has been remedied
c. Third Violation (Third Offense Collection) – Any violation that is noted a third time
within a rolling twelve (12) month period or that has not been remedied by the end of
the “second offense” cure period will result in a “third offense” and liquidated
damages will be immediately assessed, as set forth in the table below, as damages for
the continuation of such violations.
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2. City will contact the Concessionaire’s contact as listed on the Summary Page of the
Agreement, via a certified letter containing the standard being violated, the specific deficiency of
the standard, details of past notices of the violation, the corrective actions expected, an expected
deadline for implementation of corrective actions, and a statement that non-compliance within the
allotted time could result in additional liquidated damages or other actions up to termination of the
Contract. It is the responsibility of Concessionaire’s General Manager to follow-up with the
Concessions Department with plans to resolve the violation and again once the violation has been
remedied. If the Concessionaire fails to remedy the third violation within the allotted time, City
may continue to assess fines daily or may seek any other remedies available to it under each
Concessionaire’s Agreement.
3. Health and Safety Violations – Violations that result in the compromise of the health or
safety of the public, staff, or any others, including but not limited to, critical health code, fire safety
or airport security violations, will require immediate action to be taken and are considered “Critical
Violations” with liquidated damages accruing and being assessed immediately, without notice.
Concessionaire’s General Manager should take immediate action and follow-up with City once
such violation has been remedied. If Concessionaire fails to immediately remedy the violation,
City may assess additional liquidated damages or may seek any other remedies available to it,
including reporting the violations to the appropriate agencies or terminating the Concessionaire’s
Agreement.
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FORMS
FORM A- Concessionaire Contact Information
FORM B- Principal and Surety
FORM C- Insurance Requirements
FORM D- Price Benchmarking Establishment Report
FORMS E1 – E4- Revenue Reports
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FORM A
Concessionaire Contact Information
Company Name:_____________________________________________________
Company Address:____________________________________________________
City:_____________________ State:________ Zip Code:______________
Office Phone:_________________________ Fax:___________ Cell:____________
E-Mail Address:_______________________________________________________
Web Page:____________________________________________________________
DBA/Store Name(s):____________________________________________________
Premises:_______________________________________________
Store Mailing Address:__________________________________________________
City:____________________ State:________ Zip Code:_____________
General Manager:
Phone: Fax: Cell:
E-Mail Address:
Web Page:
Please Email this form to your DEN Concessions representative
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FORM B
72
Bond No.
ARTICLE XVI. PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned
_____________________________, organized under the laws of _____________and authorized
to transact business in the State of Colorado, hereinafter referred to as the “PRINCIPAL” and
_________________, a _____________________ organized under the laws of the State of
________________, and authorized to transact business in the State of Colorado, hereinafter
referred to as “SURETY,” and held and firmly bound unto the CITY AND COUNTY OF
DENVER, a municipal corporation of the State of Colorado, hereinafter referred to as the
“OBLIGEE,” in the penal sum of ________________________________ and __/100 Dollars
$____________________), lawful money of the United States of America, for the payment of
which sum the principal and Surety bind ourselves and our heirs, executors, administrators,
successors and assigns, jointly and severally by these presents.
Commencing the ___ day of __________, 20__, and ending the ___ day of __________, 20__.
WHEREAS, the Principal has entered into a written agreement with the Obligee for
“_________________________ Agreement between the City and County of Denver and
____________________.” At Denver International Airport (“DEN”), and the term of said
agreement is as indicated below:
Commencing the _____ day of ______, 20__, and ending the ____ day of _____, 20__.
WHEREAS, the Principal by virtue of entering into said agreement(s), license, permit or
permission with the Obligee is, among its others duties, obligated to comply with the Rules and
Regulations for the Management, Operation, Control, and Use of the Denver Municipal Airport
System, adopted January 11, 1994, with such amendments, revisions, additions and extensions as
may from time to time be adopted, (“DEN Rules and Regulations”), the DEN Concession
Handbook and DEN Tenant Work Permit Handbook as from time to time they may be amended,
revised or supplemented.
NOW, THEREFORE, the condition of this obligation is such, if the Principal shall and will in
all particulars well, truly, promptly and faithfully observe, perform and abide by each and every
covenant, condition, and part of said agreement, license, permit or permission; Rules and
Regulations for the Management, Operation, Control, and Use of the Denver Municipal Airport
System, adopted January 11, 1994, with such amendments, revisions, additions and extensions as
may from time to time be adopted, (“DEN Rules and Regulation the DEN Concession Handbook
and DEN Tenant Work Permit Handbook as from time to time they may be amended, revised or
supplemented; and if the Principal shall pay all loss, costs, expenses or damage to Obligee caused
by Principal’s noncompliance with or breach of any agreements, laws, statutes, ordinances, rules
or regulations pertaining to such agreements, licenses, permits, or permissions issued to the
Principal, then this obligation shall be and become void, otherwise it shall remain in full force and
effect.
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PROVIDED, that if this bond is for a fixed term, it may be continued by Certificate executed by
the Surety; and
PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that any and all amendments, supplements, extensions of terms or other such changes in the
agreement(s) identified above or compliance or noncompliance with the formalities in the said
agreement(s) for making such changes shall not affect the Surety’s obligations under this bond and
the Surety hereby waives notice of any such changes.
[Signature Page Follows]
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IN WITNESS WHEREOF, said Principal and said Surety have executed these presents as of this
____ day of ________, 20__.
Company______________________
By:
Witness
Principal
_________________________ Insurance
Company
By:
_________________________, Attorney-in-Fact
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ISSUING BANK IDENTIFICATION: DATE:
IRREVOCABLE LETTER OF CREDIT NO._______________________: BENEFICIARY: CITY AND COUNTY OF DENVER DEPARTMENT OF AVIATION DENVER INTERNATIONAL AIRPORT AIRPORT PROPERTY OFFICE/AIRPORT OFFICE BLDG. 8500 PENA BOULEVARD, ROOM 9870 DENVER, COLORADO 80249-6340 APPLICANT: LADIES AND GENTLEMEN: WE HEREBY ISSUE IN YOUR FAVOR OUR IRREVOCABLE LETTER OF CREDIT FOR THE ACCOUNT OF _______________________________, FOR UP TO THE AGGREGATE AMOUNT OF USDC____________________ (_______________________ AND NO/100 U.S. DOLLARS) AVAILABLE SOLEY BY YOUR DRAFT(S) AT SIGHT DRAWN ON US AND ACCOMPANIED BY THE FOLLOWING DOCUMENTS: 1. THE ORIGINAL OF THIS LETTER OF CREDIT AND ALL AMENDMENTS THERETO, IF ANY. 2. BENEFICIARY'S SIGNED AND DATED STATEMENT READING AS FOLLOWS:
"DENVER'S CHIEF EXECUTIVE OFFICER HAS DECLARED A DEFAULT OR VIOLATION UNDER THE _____________________________________________________ Agreement BETWEEN THE CITY AND COUNTY OF DENVER AND ____________________________, AT DENVER INTERNATIONAL AIRPORT" AND/OR "THE RULES AND REGULATIONS FOR THE MANAGEMENT, OPERATION, CONTROL AND USE OF THE DENVER MUNICIPAL AIRPORT SYSTEM, ADOPTED JANUARY 11, 1994, WITH SUCH AMENDMENTS,REVISIONS,ADDITIONS AND EXTENSIONS AS MAY FROM TIME TO TIME BE ADOPTED ("AIRPORT RULES AND REGULATIONS") AND/OR THE DENVER INTERNATIONAL AIRPORT TENANT DEVELOPMENT GUIDELINES AS FROM TIME TO TIME THEY MAY BE AMENDED, REVISED OR SUPPLEMENTED."
PARTIAL DRAWINGS ARE ALLOWED. ALL DRAFTS DRAWN MUST BE MARKED “DRAWN UNDER _____________________ BANK, N.A., LETTER OF CREDIT NO.___________DATED___________.”
WE HEREBY ENGAGE WITH THE DRAWERS, ENDORSERS AND BONA FIDE HOLDERS
THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND
CONDITIONS OF THIS CREDIT WILL BE DULY HONORED UPON PRESENTATION FOR
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PAYMENT OF THIS ORIGINAL LETTER OF CREDIT AND THE ABOVE SPECIFIED
DOCUMENT AT THIS OFFICE BEFORE THE CLOSE OF OUR BUSINESS ON OR BEFORE
_______________. PURSUANT TO U.S. LAW WE ARE PROHIBITED FROM ISSUING,
TRANSFERRING, ACCEPTING OR PAYING LETTERS OF CREDIT TO ANY PARTY OR
ENTITY IDENTIFIED BY THE OFFICE OF FOREIGN ASSETS CONTROL, U.S. DEPT. OF
TREASURY, OR SUBJECT TO THE DENIAL OF EXPORT PRIVILEGES BY THE U.S.
DEPT. OF COMMERCE.
THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE
FOR DOCUMENTARY LETTER OF CREDITS (2007 Revision) and/or THE
INTERNATIONAL STANDBY PRACTICES (1998), INTERNATIONAL CHAMBER OF
COMMERCE PUBLICATION NO. 600 AND AS TO MATTERS NOT GOVERNED BY THE
REFERENCED DOCUMENTS, THIS CREDIT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO.
ALL CORRESPONDENCE AND ANY DRAWINGS HEREUNDER ARE TO BE DIRECTED
TO ___________________________________________________ BANK, N.A.
_____________________________ AUTHORIZED SIGNATURE
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FORM C
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CITY AND COUNTY OF DENVER
INSURANCE REQUIREMENTS - DEPARTMENT OF AVIATION
Certificate Holder:
CITY AND COUNTY OF DENVER
Attn: Risk Management, Suite 8810
Manager of Aviation
Denver International Airport
8500 Pena Boulevard, Room 8810
Denver CO 80249
CONTRACT NAME & NUMBER TO WHICH THIS INSURANCE APPLIES: Retail Concessions at DEN
I. MANDATORY COVERAGE
Colorado Workers’ Compensation and Employer Liability Coverage
Coverage: COLORADO Workers’ Compensation
Minimum Limits of Liability (In Thousands)
WC Limits: $100, $500, $100
And Employer’s Liability Limits:
Any Policy issued under this section must contain, include or provide for the following:
1. All States Coverage or Colorado listed as a covered state for the Workers’ Compensation
2. Waiver of Subrogation and Rights of Recovery against the City and County of Denver (the “City”), its officers,
officials and employees.
Commercial General Liability Coverage
Coverage: Commercial General Liability (coverage at least as broad as that provided by ISO form CG0001 or equivalent)
Minimum Limits of Liability (In Thousands):
Each Occurrence: $1,000
General Aggregate Limit: $2,000
Products-Completed Operations Aggregate Limit: $2,000
Liquor Liability $2,000
Personal & Advertising Injury: $1,000
Any Policy issued under this section must contain, include or provide for the following:
1. City, its officers, officials and employees as additional insureds, per ISO form CG2010 and CG 2037 or
equivalents.
2. Coverage for defense costs of additional insureds outside the limits of insurance, per CG0001.
3. Liability assumed under an Insured Contract (Contractual Liability).
4. The full limits of coverage must be dedicated to apply to this project/location, per ISO form CG2503 or
equivalent.
5. Waiver of Subrogation and Rights of Recovery, per ISO form CG2404 or equivalent.
6. Separation of Insureds Provision required
7. General Aggregate Limit Applies Per: Policy ___Project __X__Location_____, if applicable
Commercial Crime Insurance
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The minimum limits of Commercial Crime insurance covering but not limited to loss arising from employee theft, employee
dishonesty, forgery or alteration, robbery, burglary, embezzlement, disappearance, destruction; money orders and counterfeit
currency; depositors forgery; computer fraud, on premises and in transit are:
Minimum Limits of Liability (In Thousands): Each Occurrence: $1,000
Network Security and Privacy Liability:
Concessionaire shall maintain Network Security and Privacy Liability coverage with limits of $1,000,000 per occurrence
and $1,000,000 policy aggregate covering claims involving privacy violations, information theft, damage to or destruction
of electronic information, intentional and/or unintentional release of private information, alteration of electronic information,
extortion and network security. If such insurance is maintained on an occurrence form basis, Concessionaire shall maintain
such insurance for an additional period of one (1) year following termination of Contract. If such insurance is maintained on
a claims-made basis, Concessionaire shall maintain such insurance for an additional period of three (3) years following
termination of the Contract. Policy shall include coverage for costs associated with breach notification, credit monitoring,
PCI and regulatory fines and penalties.
Business Automobile Liability Coverage
Coverage: Business Automobile Liability (coverage at least as broad as ISO form CA0001)
Minimum Limits of Liability (In Thousands): Combined Single Limit $1,000
Any Policy issued under this section must contain, include or provide for the following:
1. Symbol 1, coverage for any auto. If no autos are owned, Symbols 8 & 9, (Hired and Non-owned) auto liability.
2. If this contract involves the transport of hazardous cargo such as fuel, solvents or other hazardous materials
may occur, then Broadened Pollution Endorsement, per ISO form CA 9948 or equivalent and MCS 90 are required.
II. ADDITIONAL COVERAGE
Umbrella Liability
Coverage:
Umbrella Liability, Non Restricted Area
Minimum Limits of Liability (In Thousands) Each Occurrence and aggregate $1,000
Umbrella Liability, Unescorted airside access
Minimum Limits of Liability (In Thousands) Each Occurrence and aggregate $9,000
Any Policy issued under this section must contain, include or provide for the following:
1. City, its officers, officials and employees as additional insureds.
2. Coverage in excess of, and at least as broad as, the primary policies in sections WC-1, CGL-1, and BAL-1.
3. If operations include unescorted airside access at DIA, then a $9 million Umbrella Limit is required.
Property Coverage
Coverage: Personal Property, Contents, Fixtures, Storage, Tenant Improvements and Betterments
Minimum Limits of Liability (in Thousands):
o 100% of the Replacement Cost value of Personal Property, Contents, Fixtures, Tenant Improvements and
Betterments
o Covered Cause of Loss – Special Form including glass coverage and signs
o Replacement Cost Endorsement
Any Policy issued under this section must contain, include or provide for the following:
1. City, its officers, officials and employees as additional insureds.
2. Waiver of Subrogation Applies to City as Landlord for any protected Landlord Property.
3. In the event of payment of any Loss involving Tenant Improvements and Betterments, permanent fixtures, etc, the
insurance carrier shall pay the City (as Landlord) its designee first for said property loss
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Coverage: Business Interruption Insurance
Concessionaire shall procure and maintain Business Interruption insurance in such amounts as will reimburse
Concessionaire for direct or indirect loss of earnings attributable to the perils commonly covered by the Concessionaire’s
property insurance described above, which shall include losses arising from mechanical failures on or interruption of
services to Airport premises.
III. ADDITIONAL CONDITIONS It is understood and agreed, for the benefit of the City, that the following additional conditions shall apply to all coverage specified
herein:
1. All coverage provided herein shall be primary and any insurance maintained by the City shall be considered excess.
2. The City shall have the right to verify or confirm, at any time, all coverage, information or representations contained
herein, and the insured and its undersigned agent shall promptly and fully cooperate in any such audit the City may
elect to undertake.
3. Advice of renewal is required
4. With the exception of Workers Compensation insurance, all insurance companies issuing policies hereunder must
carry at least an A -VI rating from A.M. Best Company or obtain a written waiver of this requirement from the
City’s Risk Administrator.
5. Compliance with coverage requirement by equivalent herein must be approved in writing by the City’s Risk
Administrator prior to contract execution.
6. No changes, modifications or interlineations on these Insurance Requirements shall be allowed without the review
and approval of the Risk Administrator prior to contract execution.
7. The Insured named above shall promptly advise the City in the event any general aggregates or other aggregate
limits are reduced below the required per occurrence limits. At the Insured’s expense, the Insured will reinstate
the aggregate limits to comply with the minimum requirements and shall furnish to the City a new Certificate
showing such coverage is in force.
IV. NOTICE OF CANCELLATION It is understood and agreed that should any Policy issued hereunder be cancelled or non-renewed before the expiration date thereof,
or sustain a material change in coverage adverse to the City, the issuing company or its authorized Agent shall give notice to the
Department of Aviation in accordance with policy provisions.
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CITY AND COUNTY OF DENVER
INSURANCE REQUIREMENTS - DEPARTMENT OF AVIATION
Certificate Holder:
CITY AND COUNTY OF DENVER
Attn: Risk Management, Suite 8810
Manager of Aviation
Denver International Airport
8500 Pena Boulevard, Room 8810
Denver CO 80249
CONTRACT NAME & NUMBER TO WHICH THIS INSURANCE APPLIES: Food and Beverage Concession @ DEN
I. MANDATORY COVERAGE
Colorado Workers’ Compensation and Employer Liability Coverage
Coverage: COLORADO Workers’ Compensation
Minimum Limits of Liability (In Thousands)
WC Limits: $100, $500, $100
And Employer’s Liability Limits:
Any Policy issued under this section must contain, include or provide for the following:
2. All States Coverage or Colorado listed as a covered state for the Workers’ Compensation
3. Waiver of Subrogation and Rights of Recovery against the City and County of Denver (the “City”), its officers,
officials and employees.
Commercial General Liability Coverage
Coverage: Commercial General Liability (coverage at least as broad as that provided by ISO form CG0001 or equivalent)
Minimum Limits of Liability (In Thousands):
Each Occurrence: $1,000
General Aggregate Limit: $2,000
Products-Completed Operations Aggregate Limit: $2,000
Liquor Liability $2,000
Personal & Advertising Injury: $1,000
Any Policy issued under this section must contain, include or provide for the following:
8. City, its officers, officials and employees as additional insureds, per ISO form CG2010 and CG 2037 or
equivalents.
9. Coverage for defense costs of additional insureds outside the limits of insurance, per CG0001.
10. Liability assumed under an Insured Contract (Contractual Liability).
11. The full limits of coverage must be dedicated to apply to this project/location, per ISO form CG2503 or
equivalent.
12. Waiver of Subrogation and Rights of Recovery, per ISO form CG2404 or equivalent.
13. If alcoholic beverages are served or sold at the Airport by the Concessionaire, the Commercial General Liability
insurance shall include Host Liquor Liability coverage.
14. Separation of Insureds Provision required
15. General Aggregate Limit Applies Per: Policy ___Project ____Location_____, if applicable
Commercial Crime Insurance
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The minimum limits of Commercial Crime insurance covering but not limited to loss arising from employee theft, employee
dishonesty, forgery or alteration, robbery, burglary, embezzlement, disappearance, destruction; money orders and counterfeit
currency; depositors forgery; computer fraud, on premises and in transit are:
Minimum Limits of Liability (In Thousands): Each Occurrence: $1,000
Network Security and Privacy Liability:
Concessionaire shall maintain Network Security and Privacy Liability coverage with limits of $1,000,000 per occurrence
and $1,000,000 policy aggregate covering claims involving privacy violations, information theft, damage to or destruction
of electronic information, intentional and/or unintentional release of private information, alteration of electronic information,
extortion and network security. If such insurance is maintained on an occurrence form basis, Concessionaire shall maintain
such insurance for an additional period of one (1) year following termination of Contract. If such insurance is maintained on
a claims-made basis, Concessionaire shall maintain such insurance for an additional period of three (3) years following
termination of the Contract. Policy shall include coverage for costs associated with breach notification, credit monitoring,
PCI and regulatory fines and penalties.
Business Automobile Liability Coverage
Coverage: Business Automobile Liability (coverage at least as broad as ISO form CA0001)
Minimum Limits of Liability (In Thousands): Combined Single Limit $1,000
Any Policy issued under this section must contain, include or provide for the following:
1. Symbol 1, coverage for any auto. If no autos are owned, Symbols 8 & 9, (Hired and Non-owned) auto liability.
2. If this contract involves the transport of hazardous cargo such as fuel, solvents or other hazardous materials
may occur, then Broadened Pollution Endorsement, per ISO form CA 9948 or equivalent and MCS 90 are required.
II. ADDITIONAL COVERAGE
Umbrella Liability
Coverage:
Umbrella Liability, Non Restricted Area
Minimum Limits of Liability (In Thousands) Each Occurrence and aggregate $1,000
Umbrella Liability, Unescorted airside access
Minimum Limits of Liability (In Thousands) Each Occurrence and aggregate $9,000
Any Policy issued under this section must contain, include or provide for the following:
4. City, its officers, officials and employees as additional insureds.
5. Coverage in excess of, and at least as broad as, the primary policies in sections WC-1, CGL-1, and BAL-1.
6. If operations include unescorted airside access at DIA, then a $9 million Umbrella Limit is required.
Property Coverage
Coverage: Personal Property, Contents, Fixtures, Tenant Improvements and Betterments
Minimum Limits of Liability (in Thousands): o 100% of the Replacement Cost value of Personal Property, Contents, Fixtures, Tenant Improvements and
Betterments
o Covered Cause of Loss – Special Form including glass coverage and signs
o Replacement Cost Endorsement
Any Policy issued under this section must contain, include or provide for the following:
1. City, its officers, officials and employees as additional insureds.
2. Waiver of Subrogation Applies to City as Landlord for any protected Landlord Property.
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3. In the event of payment of any Loss involving Tenant Improvements and Betterments, permanent fixtures, etc, the
insurance carrier shall pay the City (as Landlord) its designee first for said property loss
Coverage: Business Interruption Insurance
Concessionaire shall procure and maintain Business Interruption insurance in such amounts as will reimburse
Concessionaire for direct or indirect loss of earnings attributable to the perils commonly covered by the Concessionaire’s
property insurance described above, which shall include losses arising from mechanical failures on or interruption of
services to Airport premises.
III. ADDITIONAL CONDITIONS It is understood and agreed, for the benefit of the City, that the following additional conditions shall apply to all coverage specified
herein:
1. All coverage provided herein shall be primary and any insurance maintained by the City shall be considered excess.
2. The City shall have the right to verify or confirm, at any time, all coverage, information or representations contained
herein, and the insured and its undersigned agent shall promptly and fully cooperate in any such audit the City may
elect to undertake.
3. Advice of renewal is required
4. With the exception of workers compensation, all insurance companies issuing policies hereunder must carry at
least an A -VI rating from A.M. Best Company or obtain a written waiver of this requirement from the City’s Risk
Administrator.
5. Compliance with coverage requirement by equivalent herein must be approved in writing by the City’s Risk
Administrator prior to contract execution.
6. No changes, modifications or interlineations on these insurance requirements shall be allowed without the review
and approval of the Risk Administrator prior to contract execution.
7. The Insured named above shall promptly advise the City in the event any general aggregates or other aggregate
limits are reduced below the required per occurrence limits. At the Insured’s expense, the Insured will reinstate
the aggregate limits to comply with the minimum requirements and shall furnish to the City a new Certificate
showing such coverage is in force.
IV. NOTICE OF CANCELLATION It is understood and agreed that should any Policy issued hereunder be cancelled or non-renewed before the expiration date thereof,
or sustain a material change in coverage adverse to the City, the issuing company or its authorized Agent shall give notice to the
Department of Aviation in accordance with policy provisions.
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FORM D
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FORM E1
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FORM E2
87
FORM E3
88
FORM E4
89
FORM G
90
FORM G1
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FORM H
