Loading...
HomeMy WebLinkAboutHK Contractors Inc 2016-17tCONTRACT AGREEMENT THIS AGREEMENT, made and entered into the 22nd day of June, 2016, by and between HK Contractors, Inc. of Idaho Falls, State of Idaho, hereinafter called the "Contractor" and Bonneville Joint School District No. 93, Idaho Falls, ID hereinafter referred to as the "Owner". WITNESSETH: That for and in consideration of the mutual agreements and covenants herein set forth, it is hereby stipulated, promised and agreed by and between the parties hereto as follows: The Contractor agrees to provide all materials and perform all services and work in connection the TRACK & FIELD RENOVATION AT SANDCREEK MIDDLE SCHOOL for BONNEVILLE JOINT SCHOOL DISTRICT 93 and incidental work, for the above named Owner at IDAHO FALLS, ID, as shown by and in strict accordance with the Plans, Drawings and Specifications prepared by ALDERSON, KARST & MITRO ARCHITECTS, P.A., Idaho Falls, ID, and the General Conditions of the Contract, the various documents and papers. comprising the said Plans, Drawings, Specifications and General Conditions, and any amendments thereto, all of which Plans, instruments and documents as enumerated are now on file in the office of the Owner, and each and all of which are identified by the signature of the parties hereto, and are hereby referred to and made a part hereof as fully as though set forth at length herein, and said party of the first part will do all things required and specified in this Contract, as enumerated, to the satisfaction of and under the direction and observation of the Architect. The Advertisement for Bids, Information for Bidders, Proposal, General Conditions, complete Plans and Specifications and required bonds and insurance are part of this Contract and are hereby referred to and made a part hereof as fully as though set forth herein. The work under this Contract will be begun on the date specified in a written "Notice to Proceed" issued by the Owner writing and complete all construction under the contract within 80 calendar days. Time is the essence of this Contract and for each calendar day's delay over the time specified for the completion thereof, the Contractor agrees to pay to the Owner the sum of Five Hundred No /100 Dollars ($500.00), which sum is agreed upon by the parties hereto as liquidated damages for such delay, and not as a penalty. The parties acknowledge and agree that the actual amount of the damages that will accrue as a result of Contractor's failure to timely complete the work within the said time frame are, and will continue to be, difficult to determine. The parties agree that such liquidated amount is a fair and reasonable estimate of the damages that will be suffered by the Owner in the event of any delay in the performance of the work. Contractor agrees that Owner may withhold any such amount from the amount of the retainage set for herein, Track & Field Renovation Contract Agreement Sandcreek Middle School - 1 - provided that such deduction shall not release either party from any liability, claim or obligation otherwise arising hereunder. In the event the District withholds payment of such retainage without just cause or if the liquidated damages provisions set forth herein are determined to be unenforceable for any reason, nothing herein shall prevent the District from recovering its actual or consequential damages caused by Contractor's wrongful or unjustified delay in completing the work. MA It is further expressly agreed that the Contractor shall procure, and maintain in full force throughout the term of this agreement public liability insurance in an amount of not less than $1.0 million dollars, single limit, including an endorsement naming the District as an additional insured thereon. Contractor shall also procure and so maintain workmen's compensation insurance in an amount not less than the amount required by law, all as provided for in the General Conditions, the documents evidencing said insurance to be approved by and filed with the Owner, but without any liability on the part of the said Owner by reason of the inadequacy thereof. All such insurance shall be issued by a reputable insurer authorized to issue such policies within the State of Idaho. Prior to and as a condition for the commencement of the Work, Contractor shall furnish and deliver to the District certificates of insurance evidencing such insurance. V. Within ten (10) days after receipt of notification of acceptance of his Proposal, Contractor shall deliver to the District, security for faithful performance of the Contract in the full amount of the Contract amount and security for the protection of persons supplying labor or materials for the Contract in the full amount of the Contract amount. The contract must be submitted with the completed performance and payment bond information as set forth in the forms of "Performance Bond" and "Payment Bond" in these documents and accompanied by a Certified Check or Cashier's Check drawn on a bank in good standing; Performance Bond and Payment Bond issued by a Surety authorized to issue such bonds in the State of Idaho; or Government Obligations, as defined under Idaho. Code Section 54 -1901 (h), payable to District of Idaho Falls, Idaho. If the Contractor posts a government obligation as security, such obligation shall be delivered to the Owner and unconditionally endorsed in favor of the Bonneville Joint School District No. 93, and in accordance with the provisions of Idaho Code Section 54- 1926A. If government obligations are delivered by someone other than the Contractor, the person delivering such obligations shall execute a Performance Bond in the form of "Performance Bond and Power of Attorney for Government Obligations" and a Payment Bond in the form of "Payment Bond and Power of Attorney for Government Obligations" contained in these documents in lieu of endorsing the obligations in favor of the Bonneville Joint School District No. 93. VI. In consideration for the timely and faithful performance of the Work in accordance with this Agreement, the Owner agrees to pay to the Contractor a total Contract price of Two hundred forty nine thousand four hundred thirty seven dollars No /100 - Dollars ($249,437.00). Track & Field Renovation Contract Agreement Sandcreek Middle School - 2 - Owner shall make progress payments to Contractor monthly until the project is complete. Each month, the Project Architect and the Contractor shall mutually determine the value of the work performed and materials incorporated into the Project. Progress payments will be made only for work performed and for materials actually incorporated into the Work. Progress payments shall not be made for materials delivered to the site, but not incorporated into the work. Progress payments shall represent ninety -five percent (95 %) of the actual value of the work done and materials and equipment furnished and /or suitably stored at the job site or other approved locations up to the last day of each payment period. The actual value of the work done shall be determined by the number of units of work completed as specified and defined in the Contract Documents and the value of each unit of work as specified in the Contract Documents and as determined in good faith by the project architect. Payment of such progress payments shall not constitute a waiver by the District of any claim for defective work performed or material supplied. In making such partial (monthly) payments there shall be retained five percent (5 %) on each payment amount until final completion and acceptance of all work covered by the Contract. The Contractor shall not withhold from a subcontractor or supplier more than the percentage withheld from a payment certificate for the subcontractor's or supplier's portion of the work. VII The Contractor further agrees to give preference to the employment of bona fide Idaho residents and residents of Bonneville County in the performance of the work covered by the Agreement and will be required to pay the minimum wage as required by the laws of the State of Idaho. VIII. Pursuant to the provisions of Section 63 -1503 of the Idaho Code, the Contractor, in consideration of securing the business of erecting or constructing public works in the State of Idaho, recognizing that the business in which the Contractor is engaged is of a transitory character, and that in the pursuit thereof, the Contractor's property used therein may be without the State of Idaho when taxes, excises, or license fees to which the Contractor is liable become payable, agrees: a. To fill out and return the attached Form WH -5 to the District with the signed Contract. b. To pay promptly when due all taxes (other than on real property), excise and license fees due to the State of Idaho, its subdivisions, and municipal and quasi - municipal corporations therein, accrued and accruing during the term of this Contract, whether or not the same shall be payable at the end of such term. C. That if the said taxes, excises and license fees are not payable at the end of said term, but liability for the payment thereof exists, even though the Track & Field Renovation Contract Agreement Sandcreek Middle School - 3 - same constitute liens upon his property, to secure the same to the satisfaction of the respective officers charged with the collection thereof: d. That, in the event of the Contractor's default in the payment or securing of such taxes, excises and license fees, to consent that the Owner may withhold from any payment due the Contractor under the Contract the estimated amount of such accrued and accruing taxes, excises and license fees for the benefit of all taxing units to which said Contractor is liable. e. That pursuant to the provisions of Section 63 -1504 of the Idaho Code, the Contractor shall furnish the Owner evidence that the Contractor has paid all taxes, excises and license fees due to the State of Idaho and its taxing units, due and payable during the term of the Contract for such construction, and that the Contractor has secured all such taxes, excises and license fees liability for the payment of which has accrued during the term of such Contract, notwithstanding that they may not yet be due or payable. The Contractor agrees to indemnify, save harmless, and make whole, the District from any and all defects appearing or developing in the workmanship or materials performed or furnished under this Contract for a period of one (1) year after the acceptance thereof by the District. This indemnification and hold harmless clause shall not be construed to relieve the Contractor from performing all work and furnishing all materials and equipment in accordance with the specifications contained in the Contract Documents. Neither shall it be construed to limit in any way the right of the District to bring an action .against the Contractor for breach of contract within the time permitted by law for any workmanship, materials and /or equipment that does not meet the specifications contained in the contract documents. X. The Contractor shall not be entitled to additional compensation otherwise payable for any act or failure to act by the Project Architect or the District, the happening of any event or occurrence that was not within the contemplation of the parties at the time this Agreement was executed or for any other cause justifying an equitable adjustment in the Contract Price, unless Contractor shall have first given written notice of such claim to the District. Such notice shall set forth the reasons for which the Contractor believes that additional compensation will or may be due, the nature of the costs involved, and the amount of the Claim. If the claim is based upon any act or failure to act by the Architect or the District, except in case of emergency, such notice shall be given to the Architect prior to the commencement of the performance of any work by Contractor. In all other cases, such notice shall be given within ten (10) days after the happening of the event or occurrence giving rise to the claim. XI. All materials and workmanship for which no specification is forth in the Contract Documents shall be warranted by the Contractor to be of merchantable quality, free from Track & Field Renovation Contract Agreement Sandcreek Middle School -4- defects and fit for the particular purpose for which they are intended. Such warranty shall, unless otherwise specified herein extend for a period of one (1) year after the date a Certificate of Substantial Completion is signed by the Architect or other authorized agent of the District. The District may make any other claim for failure to perform the Work or provide materials in conformity with the Contract Documents, at any time as specified by the Contract Documents or within the limitations period provided by law, whichever is later. XII. This Contract shall be governed by and interpreted in accordance with the laws of the State of Idaho. XIII. This Contract and the Contract Documents shall constitute the complete and final statement of the parties' agreement pertaining to the subject matter hereof and no statement, representation, or understanding shall be binding except as expressly set forth herein. IN WITNESS WHEREOF, the said parties have caused these presents to be executed in triplicate the day and year first above written. ATTEST: I1 Ja'es Hammer Track & Field Renovation Sandcreek Middle School Bonneville Joint Schoo trict 93 Byr HK Contractors, Inc. Contractor (Signature) Brent Timm Chief Financial Officer / Secretary (Title) PO Box 51450 (Address) Idaho Falls, ID 83405 Contract Agreement -5- Bond No. 9223189 KNOW ALL MEN BY THESE PRESENTS, that we the undersigned H -K Contractors, Inc. as Principal, hereinafter called the Contractor, and Fidelity and Deposit Company of Maryland as Surety, hereinafter called Surety, are held and firmly bound unto the BONNEVILLE JOINT SCHOOL DISTRICT 93, 3497 N. Ammon Rd, Idaho Falls, ID 83401 as Obligee, hereinafter called Owner, in the amount of Two Hundred Forty -Nine Thousand Four Hundred Thirty -Seven and 00 /100 Dollars ($ 249,437.00 lawful money of the United States, for the payment whereof Contractor and Surety herewith bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated June 22 __120 18 , entered into a contract with the Owner for TRACK & FIELD RENOVATION at SANDCREEK MIDDLE SCHOOL for BONNEVILLE JOINT SCHOOL DISTRICT NO. 93 all in accordance with the Contract Documents, which consist of the Invitation for Bids, Special Provisions, Proposal, Contract for Construction, Plans, all as prepared by ALDERSON, KARST & MITRO ARCHITECTS, P.A. IDAHO FALLS, IDAHO which contract is by reference made a part hereof, and is hereinafter referred to as the Contract; and whereas the Contractor is required to furnish a Performance Bond pursuant to the Idaho Code, Sections 54 -1926, as amended, and 54 -1927, in connection with this Contract. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time rnade by the Owner. Whenever the Contractor shall be, and declared by the Owner to be in default under this Contract, the Owner having performed the Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: Complete the Contract in accordance with its terms and conditions, or Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest Track & Field Renovation Performance Bond Sandereek Middle School _ 1 _ responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Owner, and make available as the work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price ", as used in this paragraph, shall mean the total amount payable by the Owner to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the Owner to the Contractor. Any suit under this Bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue an this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner, Signed this 27th day of.-.,.-- June (Seal) ATTEST; Assistant (secretary) Jams Hammer P.O. Box 51450, Idaho Falls, ID 83405 (Complete Business Address) Track & Field Renovation Sandereek Middle School 2016 H -K Contractors, Inc. (Title) (Witness) Christene Clark Performance Bond -2- Fidelity and Deposit Company of Maryland (Surety) (Seal) S "ej- t Tina Davis, Attorney-in-Fact (Title) Track & Field Renovation Performance Bond Sandcreek Middle School Bond No. 9223189 KNOW ALL MEN BY THESE PRESENTS, that we the undersigned H -K Contractors, Inc. as Principal, hereinafter called the Contractor, and Fidelity and Deposit Company of Maryland as Surety, hereinafter called Surety, are held and finely bound unto BONNEVILLE JOINT SCHOOL DISTRICT NO, 93, 3497 N. Ammon Rd, Idaho Falls, ID 83401 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Two Hundred Forty -Nine Thousand Four Hundred Thirty -Seven and 00/100 Dollars ($ 249,437.00 lawful money of the United States, for the payment whereof Contractor and Surety herewith bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated June 22 20 16 entered into a contract with the Owner for the TRACK & FIELD RENOVATION AT� SANDCREEK MIDDLE SCHOOL for BONNEVILLE JOINT SCHOOL DISTRICT NO. 93 all in accordance with the Contract Documents, which consist of the Invitation for Bids, Special Provisions, Proposal, Contract for Construction, and Plans, all as prepared by ALDERSON, KARST & MITRO ARCHITECTS, P.A. IDAHO FALLS, IDAHO which contract is by reference made a part hereof, and is hereinafter referred to as the Contract; and whereas the Contractor is required to furnish a Payment Bond pursuant to the Idaho Code, Sections 54 -1926, as amended, and 54 -1927, in connection with this Contract. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2, The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not Track & f=ield Renovation Payment Bond Sandcreek Middle School been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution hereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit, 3, No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: the Contractor, the Owner or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner of Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. After the expiration of one (1) year following the date on which Contractor ceased work on said Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. C. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated and not elsewhere. 4. The amount of this Bond shall be reduced by and to the extent of any payments made in good faith hereunder. Track & Field Renovation Payment Bond Sandcreek Middle School _ 2 Signed this 27th day of June '12016 (Seal) ATTEST, Assistant ( ecretary) James Hammer (Witness) Christene Clark H -K Contractors, Inc. (Title) P.O. Box 51450, Idaho Falls, ID 83405 (Complete Business Address) Fidelity and Deposit Company of Maryland (Surety) - - -_._ (Seal) Sin - s_ Tina Davis, Attorney -in -Fact (Title) Track & Field Renovation Payment Bond Sandcreek Middle School SURETY ACKNOWLEDGMENT STATE OF UTAH COUNTY OF SALT LAKE } SS On this 27t" day of JUNE, 2016, before me personally came TINA DAVIS to me known, who, being by me duly sworn, did depose and say that she is an Attorney -In- Fact of FIDELITY AND DEPOSIT COMPANY OF MARYLAND the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney -In -Fact of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. Public N Notary 1. Commission Numbor 65H59 1 My Commission C; f4ovember 30, 2016 State of Utah ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Tina DAVIS, Lisa HALL, Lindsey PLATTNER and Linda NIPPER, all of Salt Lake City, Utah, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of May, A.D. 2016. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND �ISUk�',�y ',�ppOttpps� �G'�}iNS(� ti toM 1998 t�? By I Secretary Vice President Michael McKibben Michael Bond State of Maryland County of Baltimore On this 24th day of May, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and MICHAEL MCKIBBEN, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. t i 1f['ti�r�. Maria D. Adamski, Notary Public My Commission Expires: July 8, 2019 POA-F 020 -8022W EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 27TWay of JUNE 20 16 . na oEros�i a��:� tNS�„ �a� �' V ►.4 SEAL n+► 3 s b.� tees ,;'ors .� Gerald F. Haley, Vice President