Now talking aboout Lakeshore contract 849 that involved Insituform and Lanzo. Looking at Bernard Parker III's email from February 1st 2005 to his associates at Insituform where he discussed meeting with Miller on contract 849. Miller agreeing that this would not have been unusual.
Email also talks about future opportunities for Insituform with the city of Detroit. Miller says he may have discussed future opportunities but doesn't recall that right now.
Edna Bell was with Parker at the meeting with Miller. Bell says that Bell was a consultant for a number of companies. They discussed the outfalls contract and how Insituform wanted a piece of it and asked for it to be rolled into 1368.
In the email, Parker says he reminded Miller of the last difficulty they had when they last dealing with Lanzo. Miller doesn't recall what the Lanzo situation was. Evelyn says that Parker seems to be suggesting that Lanzo doesn't do as good sewer lining work as Insituform. Miller agrees that appears to be so. But witness doesn't remember discussing that specifically with Parker.
Memo says that Miller contemplating giving 7 of the outfalls contracts instead of just 3. Miller doesn't remember that but says in meeting like this, the contractor would do most of the talking and he would go back and check with Victor Mercado and others. Miller again says he doesn't recall saying he'd give 7 contracts.
10:20AM Evelyn says the memo doesn't say he has to talk to mayor but to the DWSD. Miller agrees that's true.
Miller says he recalls the part of the discussion where Parker says what would happen if they removed themselves from their association with Inland. Inland had been discussing forming their own sewer lining company that would have eliminated their need for Insituform. Miller recalls assuring Parker that he would still get work with the city.
Apparently, the email basically ended saying that Miller had assured Parker that as long as they continued doing good quality work they would still get work from the city.
10:25AM Taking our 20 minute break.
10:55AM Quiet morning thus far in court. Basically Evelyn has tried to demonstrate that other contractors were getting business alongside Ferguson. Also, those other contractors seemed to get special treatment so the city wasn't necessarily being preferential with Ferguson. No heated, testy exchanges between Evelyn and Miller like with Thomas and the witness on Friday. Lawyers go straight to sidebar with the judge. Evelyn asking if Tony Soave was another person who could get in to see the mayor on short notice. Yes says Miller. Looking at Lakeshore Engineering bid proposal from December 22nd 2004 to DWSD. Both Lakeshore and Ferguson Enterprises were supposed to get 36% on the contract. This was for the 10 outfalls contracts that Miller had discussed giving about 7 to Insituform.
Now on to Baby Creek, PC 748. Email from Ron Hausmann to John Rakolta both of Walbridge. Sent on February 6th 2003. Hausmann says that based on equalization credits it looks like they have a job. Looking at raw numbers and then the adjusted numbers which give Walbridge the lowest bid. "Because this will be a real dog fight, you should know. There is no protocol nor precedent that this city has for this and frankly they're way over their heads on this," writes Hausmann to Rakolta. February 10th 2003 from the city to Scott Penrod of Walbridge notifying him that Walbridge is the lowest responsive bidder with $69 million. Signed by Dan Edwards and copied to Audrey Jackson. Text exchange February 7 and 10 2003
Miller: Call me 5104781
3 days later Ferguson responds. Evelyn saying is it was a big deal why would he have waited 3 days.
Email dated February 11th 2003 from Daniel Edwards of the DWSD to Gary Fujita of the DWSD alerting him to 3 bid protests with 748 that are with Audrey Jackson. Edwards left a message with Audrey asking about what course they will be taking. At this point can't say who is the lowest responsive bidder. Holding package until all protests are addressed. Evelyn saying this is different from what Hausmann is saying about having 748. Fujita responds. "If for some reason, a miracle occurs and the protests go away, we have a special Administrative Order." Email from Edwards on February 12th 2003. Says it looks like Jackson will be addressing protests herself so the delay may not be as long as anticipated. And Walbridge is still the lowest equalized bidder.
11:15AM Email from Bernard Parker who is at Walbridge at this point. February 12th 1003 about 45 minutes after previous email. Says he spoke to Edwards who said that Jackson will be addressing the protests.
"I believe this is a great sign given that Ms. Jackson concurred with the original finding from DWSD in favor of WA." Basically Evelyn saying that Ferguson was only one to have special access to the administration. Parker did as well. Looking at document which discusses why bid proposals on 748 were delayed from October 31st 2002 to February 6th 2003 due to an infringement claim.
Evelyn says it claims that the Special Administrative Order is being used because of the delay. Not because Kwame is doing any special favors. Signed by Victor Mercado. Kwame signed Special Order in April 2003.
Talking about a Tyrone Clifton, one of the staff members at the Detroit Building Authority (DBA) and Robert Hill also with DBA. Evelyn says Hill is one of most knowledgeable at DBA. Miller says he doesn't know.
June 19th 2003 DBA meeting minutes where Heilmann project was approved. Talks about contract being awarded to White construction/Xcel Construction in April 2002 to complete a $1.3 million contract at the Cobo Center. Ask for additional $900,000 to bring up to $2.2 million. Ended up having $338,000 left over.
Hill says that White construction/Xcel did an excellent job for coming under budget. The same minutes discuss the Heilmann project. Miller doesn't recall voting on the project. Looking at email to Insituform from Bernard Parker on January 6th 2005 where he discussed talking to a high ranking official in the Kilpatrick administration.
Parker testified in the trial that the "high-ranking official" he was talking about was Ferguson. Evelyn asking if the high-ranking official could be Miller. Miller says he couldn't say that it was. Evelyn says that there is a part about needing to reassess their corporate citizenship. Miller says he couldn't say it was. Evelyn asks how many times he met with Parker. Maybe half a dozen. Miller says he did take a number of calls.
11:35AM Email from Parker on April 18th 2007 asking Walbridge for the Earthquake Concert tickets to go with Derrick Miller and his wife. Miller is saying he is pretty sure he didn't go but it's possible that he did. Witness says he did go out socially with Parker but can't recall the instances. "I just don't remember me and my wife hanging with he and his wife. It's kind of foggy," says Miller.
Miller saying possibly they went to baseball games together. Talking about the time he was asked to stop by at the Mosaic Restaurant when Ferguson was meeting Dennis Oszust of Inland. Miller testified that Ferguson asked him to show up to illustrate Ferguson's connections to the city. Miller can't reconstruct the conversation with Ferguson. Says Ferguson either called or texted him that same day. Can't say how long before he showed up he was contacted by Ferguson.
The government objected to a document that Evelyn has so he can't show the courtroom but can give it to Miller to look over so that he can testify about it. December 16th 2005 report about a meeting for Ferguson to discuss 1369. Asking if there is anything on the document that might refresh the witness's meeting about contract 1368 in December 2005. Evelyn saying if Ferguson met in December 2005 to discuss 1369 then maybe 1368 was not the subject of the meeting at Mosaic that occurred around the same time. US Attorney Mark Chutkow objects saying that witness doesn't recall. Judge sustains.
The most interesting thing thus far today is that there is a banana peel on the floor of the men's restroom on the 2nd floor that Channel 7's Ross Jones almost slipped on. Talking about Book Cadillac renovations. Detroit Economic Growth corp and Detroit Downtown Authority involved in the project. Miller saying that project was hard to get off the ground because of financing. Looked at non-traditional sources. Miller says Kimberly Clark became a developed in the project.