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Insurance- Xylem Inc. -2013-12-13CERTIFICATE OF LIABILITY INSURANCE DATE 12/13/2013 (113120 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk services Northeast, Inc. N2W York NV Office 199 water Street New York NY 10038 -3551 USA CONTACT NAME' jAIC NNo. EXq; (866) 293 -7122 aC No : (800) 363 -0105 E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIC N XSLG INSURED INSURER A: ACE American Insurance Company 22667 Xylem, Inc. Flygt Products INSURER B: % COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑OCCUR INSURER C: 11161 Harrell street Mira Loma CA 91752 USA INSURER D: q AG PREMISES Ea occurrence $1,000,000 INSURER E: EXCluded INSURER F: CERTIFICATE NUMBER: 57( THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE ADDL INBR SUER MD POLICY NUMBER MMIDDIYYYY MMIOOIYYYY LIMITS GENERAL LIABILITY XSLG EACH OCCURRENCE 11,000,000 % COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑OCCUR SIR applies per policy terns & condl ions q AG PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) EXCluded PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $10,000,000 DEVIL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO $6,000,000 % POLICY PRO LOC SIR $1,000,000 A AUTOMOBILE LIABILITY ISA H08722626 10/31/2013 10/31/2014 COMBINED SINGLE LIMIT Ea accidem $1,000,000 BODILY INJURY I Per person) X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Peracatlent) PROPERTY DAMAGE Peraccident HIRED AUTOS NON -OWNED AUTOS UMBRELLALIAB OCCUR EACH OCCURRENCE EXCESSLIAB CLAIMS -MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR I PARTNER I EXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ NIA WC STATU- 10 TH- TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE (Mandatory in Nlq Ifyes descnbs under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AMach ACORD 101, Additional Remarks Schedule, if more space is required) RE: lob Name: Lift Station Maintenance project. Costa Mesa Sanitary District, its officers, agents and employees are included as Additional Insured in accordance with the o icy provisions of the General Liabil Tty policy. A CERTIFICATE HOLDER Costa Mesa Sanitary District 628 W. 19th street v Costa Mesa CA 92627 USA J CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD v a a a 2 0 2 d N u r d ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT Named Insured Endorsement Number Xylem Inc. 20 Policy Symbol Polley Number Policy Period Effective Date of Endorsement XSL 627327667 10/3112013 to 10/31/2014 10/31/2013 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the Information Is to be completed only when this endorsement Is issued subsequent to the preparation of the pol Icy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies all insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY The following Is added to Section 11.2 — Who Is An Insured: e. Any person or organization that you are required to include as an additional insured under this policy because of a written contract that: 1) Is in effect during this policy period; and 2) Was executed prior to the "occurrence" of the "bodily injury" or "property damage'; and 3) Qualifies as an "insured contract" as defined in this policy. Such person or organization Is an additional insured only for: 4) Coverage under Section I - Coverages, Coverage A. Bodily Injury and Property Damage Liability; and 5) Liability arising out of "your work" or "your product' for that additional Insured; and 6) For the period of time required by the written contract and in no event beyond the expiration of this policy. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract: 7) The insurance provided by this endorsement shall be limited to the Limits of Insurance required by the written contract; and 8) This endorsement shall not increase the Limits of Insurance stated in the Declarations under Item 3. Limits of Insurance pertaining to the coverage provided herein. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional Insured whether primary, excess, contingent or on any other basis unless the written contract specifically requires that this Insurance apply on a primary or non - contributory basis. In accordance with the terms and conditions of the policy and as more fully explained in the policy, as soon as practicable, each additional Insured must give us prompt notice of any "occurrence" which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the policy's terms and conditions. a e A4, Authorized Agent XS -21234 (11/06) Printed in U.S.A. Includes copyrighted material of Insurance Services Office, Inc, with its permission Page 1 of 1 Anna Sanchez From: Colin Burns <crburns @harperburns.com> Sent: Thursday, December 19, 2013 6:00 PM To: Anna Sanchez Subject: Re: Insurance for Xylem Inc. Good point. The language of the endorsement giveth, then taketh away, then giveth back. The endorsement is for an "excess commercial general liability policy" (the giveth) and it provides that "Any coverage . shall be excess (the taketh) ... unless the written contract specifically requires that this insurance apply on a primary or non - contributory basis (the giveth back)." I looked at our standard specs in our 2011 purchasing manual and, assuming the Xylem language is the same, our insurance specs state: "(A) General Liability. ...(2) the insurance coverage shall be primary as respects the District ...., or if excess, shall stand in an unbroken chain of coverage excess of the Applicant's scheduled underlying coverage. Any insurance ... maintained by the District ... shall be excess of the Applicant's insurance and shall not be called upon to contribute in any way." Looking at the language above: the insurance policy states coverage is excess to our insurance unless the contract says otherwise. Our contract states that any insurance maintained by the district shall not be called upon to contribute. So, think we are okay. If you want to go with a belt and suspenders approach: Ask Xylem to have their insurance agent confirm the excess coverage will not call on district's insurance to contribute. Colin On Dec 18, 2013, at 2:28 PM, Anna Sanchez wrote: > Good afternoon Colin, • Can you take a look at the attachment and give me your thoughts on • this? I've copied Linda in case the attachment doesn't go through. • Xylem provides preventative maintenance service on our sewer lift • stations. After reviewing the endorsement, I don't think it meets our • insurance requirements. I believe the endorsement states the • insurance provided by Xylem will only be effective once all other • primary insurance has been exhausted. > Let me know what you think. Thanks! • Anna Sanchez • Costa Mesa Sanitary District • Administrative Service Manager • Ph: 949- 645 -8400 • Fx: 949 -650 -2253 • CONFIDENTIALITY NOTICE - This e -mail communication and any documents, • files, or previous e-mail messages attached to it may contain • information that is confidential or legally privileged. If you are • not the intended recipient(s), or a person responsible for delivering • it to the intended recipient, you are hereby notified that you must • not read this transmission and that any disclosure, copying, printing, • distribution or use of any of the information contained in or attached • to this transmission is strictly prohibited. If you have received • this transmission in error, please immediately notify the sender by • telephone at (949) 645 -8400 or return e-mail and delete the original • transmission and its attachments without reading or saving in any • manner. The unlawful interception, use, or disclosure of such • information is strictly prohibited under 18 USC 2510 and all • applicable laws. • From: Scott Carroll • Sent: Monday, December 16, 2013 11:59 AM • To: Anna Sanchez • Subject: FW: Additional insured certificate of insurance. > Is Xylem in compliance? • Scott Carroll, SDA • General Manager I Costa Mesa Sanitary District I Website: • www.crosdca.gov <ht_tp: / /www.crosdca.gov> • phone: 949.645.8400 1 email: • scarroll@ crosdca. gov <mailto:scarroll(cDcrosdca.gov >>I > 628 W. 19th St, Costa Mesa CA 92627 > [CMSD Logo2] [District of Distinction Logo1] • From: McMillan, Darren -Xylem [ mailto :Darren.MCMillan@Xyleminc.comI • Sent: Monday, December 16, 2013 9:59 AM • To: Scott Carroll • Subject: Additional insured certificate of insurance. • CONFIDENTIALITY NOTICE: This e -mail, including any attachments and/ or • linked documents, is intended for the sole use of the intended • addressee and may contain information that is privileged, • confidential, proprietary, or otherwise protected by law. Any • unauthorized review, dissemination, distribution, or copying is • prohibited. If you have received this communication in error, please • contact the original sender immediately by reply email and destroy all • copies of the original message and any attachments. Please note that • any views or opinions presented in this e-mail are solely those of the • author and do not necessarily represent those of Xylem Inc. • <winmail.dat>