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ACRP Report 33: Guidebook for Developing and Managing Airport Contracts (2011)
Airport Cooperative Research Program (ACRP)

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Oever, Kent Vanden, Gittens, Angela, Warner-Dooley, Susan, Zaslov, Alexander, Tremont, Helen, Snipes, Tess, Hoerter, Sam, Transportation Research Board. "1.13 Insurance." ACRP Report 33: Guidebook for Developing and Managing Airport Contracts. Washington, DC: The National Academies Press, 2011.

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Front Matter (R1-R9)
1.1 Length of Term (1-1)
1.2 Control of Space (2-2)
1.4 Ability to Accommodate New Entrants and Growing Incumbents (3-3)
1.6 Treatment of Alliances (4-4)
1.8 Privileges Granted (5-5)
1.11 Reporting of Activity (6-6)
1.12 Form and Amount of Payment Security (7-7)
1.13 Insurance (8-8)
1.14 Assignments and Subletting (9-9)
1.16 Rate Making (10-10)
1.17 Billing, Payments and Adjustments (11-11)
1.19 MII Approval for Capital Projects; Formula for MII Calculation (12-13)
1.20 Bankruptcy Provisions (14-14)
2.1 Financial Terms (15-18)
2.2 Service and Operational Terms (19-19)
2.3 Food and Beverage Concessions (20-23)
2.6 Parking (24-24)
2.7 Rental Cars (25-29)
3.1 Critical Issues - Fiber, Cable, and Internet (30-30)
3.2 Critical Issues - Distributed Antenna Systems (31-32)
3.3 Critical Issues - Telephone Service to Airport Sponsor (33-35)
3.4 Critical Issues - Utility Leases or Easements (36-37)
4.1 Minimum Standards (38-38)
4.2 Critical Issues - Fixed-Base Operators (39-41)
4.3 Critical Issues - Hangar Leases (42-42)
4.4 Through-the-Fence Arrangements (43-43)
5.1 Trends in Ground Transportation Agreements (44-45)
5.3 Critical Issues in Ground Transportation (46-48)
6.3 Critical Issues in Contracting Services (49-52)
7.1 Critical Issues in Professional Services Agreements (53-55)
7.2 Selection Process (56-56)
8.1 Best Practices in Bid/RFP/RFQ Process (57-62)
8.2 Proposal Evaluations (63-63)
8.3 Best Practices Specific to Bid Processes (64-65)
9.1 Key Factors for Success in Airport Commercial Land Development (66-68)
9.3 FAA Compliance (69-70)
10.2 Term (71-71)
10.7 Compensation (72-72)
10.9 Reporting (73-73)
11.2 Public Art (74-74)
Abbreviations used without definitions in TRB publications (75-75)

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8 Guidebook for Developing and Managing Airport Contracts 1.13 Insurance Airport and airline insurance requirements are addressed in the following sections. 1.13.1 Airport Insurance A recent 2007 ACI/NA Airport Operating/Use Agreement Insurance Requirements-Bench- marking Survey (ACI Survey) revealed that only 44% of the airports that responded had airline agreements that contained language requiring the airport to carry property insurance and only 35% required airport liability insurance. Of the airports that responded that the insurance was required, most indicated that a limit was not specified. When a limit was indicated, it was gener- ally replacement value. See CRP-CD-81 (enclosed herein), Appendix to Chapter 1, Airline Agreements, for excerpts from the MWAA Agreement for provisions regarding the authority's insurance obligations. As demonstrated by the lack of airport insurance requirements, it appears to be generally assumed by airlines that the airports carry appropriate insurance coverage. This may change in the future, due to a perception of enhanced risk, with airlines insisting on documentation of the air- port's coverage of the airlines' insurable interests in the airport. 1.13.2 Airline Insurance Many older airline agreements contain language no longer used in the insurance industry. Examples of this include the terms "comprehensive general liability insurance" and "broad form property endorsement." Airports should consult with an insurance advisor when drafting a new or amended airline agreement to make sure that both the language and coverage limits are updated. Few airports require no insurance coverage. Airports that require coverage have significantly different requirements regarding types of insurance, coverage limits, and policy requirements. Types of Insurance Most airports require airline general liability insurance that covers all ground operations and all airport premises and includes products/completed operations and personal injury. Some general airline liability requirements in the agreements also include coverage for aircraft fueling and environmental/pollution liability. Few require terrorism/war coverage. Most airline agree- ments require auto liability for both the airfield and roadways/non-airfield. Amounts of Coverage The amount of coverage required varies significantly among airports, even those of similar size. It is difficult to generalize in this area, but there appears to be a trend in larger airports in recent agreements to increase the limits for all types of insurance. For example, both SEA and STL require $500 million in airline liability insurance and $5 million in auto liability insurance. Airline Liability Insurance. The coverage requirement in this area ranges from $100 million to $500 million for major carriers and, if differentiated in the agreement, $25 million to $200 mil- lion for regional airlines. The ACI survey showed that only 4% of airports surveyed require liabil- ity insurance greater than $300 million. The ACI survey also noted that most major airlines carry liability insurance in amounts equal to $1 billion or greater. Automobile Liability Insurance. Coverage in this area is frequently differentiated between landside and airside coverage. Most airports in the ACI survey require less than $5 million in land-