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following a public hearing on its terms and approval by the Mayor. Among other things,
the lease provided that Silverstein would make various interior, exterior, and structural
repairs and alterations including the installation of diesel fuel storage tanks for backup
generator systems.
DRES and OEM personnel attended meetings with the architects and
engineers on the project with the goal of satisfying the design and technical requirements
of OEM. One of the issues discussed was OEM's requirement for emergency backup
power. The City personnel communicated both to Silverstein and to the architects and
engineers that OEM needed backup power to support its emergency operations and
related work in the command center, the watch command, the Mayor's office, and the
press room, which together encompassed approximately half of OEM's floor space.
The potential fuel supply for the backup generator was also discussed.
DRES and OEM explored using the underground tanks owned by Silverstein, but
Silverstein rejected that option because of its own needs. DRES and OEM also explored
sharing the tanks used by another tenant, but that option also was unavailable.
Ultimately, the architect employed by the City and its consultants designed OEM's
emergency backup system, including the size and location of the 6,000-gallon diesel tank
beneath the first floor. They designed the system to have the 6,000-gallon tank refuel a
275-gallon day tank located on the 7th floor where the generators were located. The City
reviewed final construction plans that the architect prepared, and DRES sent a letter to
the architect, dated April 20, 1998, setting forth its comments to the proposed plans.
Discussions continued as construction on the project began. The architect's first two
designs for the proposed routes of the fuel lines were considered unworkable for
