Beeckman saying a 5% fee is a standard fee on those types of contracts because they are the managers. 

Beeckman agrees that Ferguson Enterprises got $10 million for Patton Park. 

Rataj says FEI would only have been left with $9.5 million to do the Patton Park project if they paid Walbridge the 5% fee. 

Looking at a Walbridge change order for Baby Creek. Walbridge seems to want a release from FEI on the project. Rataj says Patton Park is FEI's responsibility. Beeckman agrees. 

"That's what it says," says Beeckman. 

Looking at DWSD construction change authorization. 

A design consultant is being paid more than $700,000 out of the $10 million. Walbridge ended up with something more like a 2.5% fee. There was also a general conditions' fee. 

Rataj says the amount available for construction was $10 million minus about $2.5 million for the 3 combined deductions so the left over was about $7.5 million. 

Jurors asking to see the document again. It's like the third time today that the jurors want to see a document. They are really paying attention this morning. 

Letter from Brian Cruickshank of Walbridge to Bobby Ferguson. This is where Walbridge saying that they were "strongly persuaded by highly placed city officials" to take on Ferguson despite his not being the lowest bidder. Letter on October 1 2003. 

New letter is on October 15th 2003 and is again from Cruickshank to Ferguson. Beeckman says that it looks like it is supposed to be from Cruickshank but it doesn't look like he signed it. Beeckman says that Walbridge was alarmed by the first letter sent out by Cruickshank to Ferguson so they drafted a new letter to ameliorate the damage done but it's unclear whether Cruickshank agreed to sign it. 

Doesn't look like Cruickshank signed it. In it, it says that Cruickshank was in error in some of his statements. Says that Ferguson was actually hired because he is a qualified contractor. Also says Walbridge responsible for testing contaminated diert and Cruickshank supposedly takes ownership of errors that he made. 

Again with the handwritten agreement where Rataj points to a section which describes excavation. 

10:15AM Just a reminder we will be ending at noon today and Friday. Judge Edmunds never explained why. 

Beeckman describing Walbridge's internal review on sub-contractors of Baby Creek and it's a spreadsheet comparing their amounts. 

Looking at bids for mass excavation from the sub-contractors. Looking specifically at WPM where there is no bid amount listed. Now for structural site work again no base bid number listed for WPM. 

Rataj says Ferguson was awarded under Baby Creek the mass excavation work but did not get the sewer work. Beeckman says he does not about that because these are bids submitted at the beginning. Handwritten document shows $2.73 million for the mass excavation work for Ferguson. 

Rataj asks if Beeckman has proof here today that Ferguson Enterprises did sewer work. Beeckman says he can't answer one way or another. Doesn't know. 

Beeckman also doesn't know if Ferguson did site work on Baby Creek. 

Rataj asks if Ferguson Enterprises was lowest bidder on mass excavation. Beeckman says that there is no number for WPM so he can't say for sure. 

Beeckman saying that Ferguson's estimate is 23% higher on the mass excavation just like Cruickshank said in his October 1st letter. 

Beeckman says he doesn't know what kind of work Ferguson got in the end. He knows only what Hausmann promised the city he was giving Ferguson. 

"I'm not interested in speculation Mr. Beeckman. You can't convict people on speculation," says Rataj. 

Beeckman asks Rataj to hand him the document so he can show him what he means. Rataj doesn't hand it over. He did hold the documents up and shake them for the jury though. 

Rataj asks if there is a number on the top or bottom for WPM.