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0 • ARTICLE 16 16. WARRANTY The Program Manager shall assure that its Construction Manager requires each Contractor to warrant to the City in writing that all material and equipment furnished under such Contractor's Construction Contract will be of good quality and new unless otherwise required or permitted by the Project Documents, that such Contractor's work will be free from defects not inherent in the quality required or permitted, and that the work will conform with the requirements of the Project Documents for a period of one (1) year from the date of the Certificate of Completion for the Project, including but not limited to, maintenance of the palm trees for a one-year period following the date of the certificate of completion and maintenance of the other landscaping for a period of at least three months from the date of the certificate of completion.. Work not conforming with these requirements, including substitutions not properly approved and authorized, may be considered defective. Such warranties may exclude damage or defects caused by abuse, modifications not performed by the Contractor, improper or insufficient maintenance, improper operation, normal wear and tear under normal usage or improper or defective work on other portions of the Project performed by other Contractors. ARTIfTN 17 17. DISPUTES/CLAIMS 17 .l Claims Resolution Involving Consultants and Contractors Disputes involving Consultants and/or Contractors shall be resolved in accordance with the rules set forth in the City's Standard Specifications, a copy of which is on file with the City. 17.2 Dispute Resolution Under this Agreement Unless both parties otherwise agree in writing, all disputes between the parties regarding the interpretation of this Agreement or the performance by a party hereunder shall be resolved through binding, judicial arbitration, using a private arbitration services such as JAMS/Endispute or similar service acceptable to each party; provided, however, in the event the parties are unable despite their good faith efforts to agree upon the procedures for such arbitration or the arbitration service to utilize, then, upon written notice from either party, arbitration shall be conducted pursuant to the commercial arbitration rules of the American Arbitration Association. In the conduct of such arbitration, each party shall be afforded the right for discovery of evidence in accordance with Sections 1985 et seq. of the California Code of Civil Procedure, but any disputes that may arise regarding discovery shall be submitted to the arbitrator for resolution. 17.3 Wages & Records 17.3.1 Wage Rates 16