Email on overhead from Pratap at DLZ to Daniel Edwards at DWSD. December 24th 2003. Saw this email in court yesterday. Clearly indicates that it will be an RFP evaluation and not lowest bidders. Strong preference to be given to Detroit based businesses. As many as 7 contractors working. Special attention needs to be paid on ability to perform and past performance.

So says Rataj the 2 contractors for pilot were Ferguson and Hayes, 2 Detroit-based companies? Yes.

Wouldn't it make sense FEI and Hayes would have a leg up because they had helped make pilot project a success? No.

You don't agree with that? No. Can I explain why asks witness?

No- Rataj shoots witness down.

Now looking at DLZ letter to Awni Qaqish at DLZ.

Witness can't read document on overhead. Kwame's lawyer Jim Thomas comes over to straighten document.

The letter recommends giving contracts to Hayes Excavation and Ferguson Enterprises based on pilot project performances for downtown main work.

Witness says there are many steps a water contract will go through to be awarded if it's not done through a special administratorship.

A memo from Mercado to Audrey Jackson head of Purchasing in finance Deportment. time stamped January 13th 2004. It lists 4 contracts awarded 642 and 649 to Hayes and 650 and 651 to Ferguson Enterprises and 1 other.

In the memo, DWSD asks for authorization to proceed with Emergency Procurements for the contracts listed. Emergency Procurements necessary because water mains are so deteriorated they require immediate work.

The combined cost for the 5 contracts is $3.8 million.

It says Hayes and Ferguson have demonstrated ability through the pilot project and they are both minority businesses.

Document is signed by Mercado and approved by Audrey Jackson.

Judge says this is a good place to take a 20 minute break.

10:57AM Judge back in the courtroom. Mike Rataj making nice with Judge Edmunds, talking about her favorite subject, the Tigers.

EPA Agent Carol Paszkiewicz takes the stand again so that Rataj can finish his cross.

Do you remember yesterday in your direct testimony some text messages and documents? Yes.

And he asked you to make connections? Connections, no. Elements of time.

Then you and I will agree to disagree says Rataj.

Documents related to CM 2012 and the pilot project? Yes.

Looking at text from February 18th 2004.

B:" "Hate to bother you, but you need here this, pratap people stopped negotiation with my people and is trying to give water main job to one of other contractors."

K: "WHAT?"

B:"Is just what you said before when we are not, apart of the decision making, we get fucked no matter how the process started. you still in the office."