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each category in the breakdown of the Project Budget for approval by the City. <br />The Designated City Representative shall review the Program Manager's request <br />for payment and shall inform the Program Manager of any reasons why such <br />request is not suitable for payment, if any. Prior to the submittal to the City, the <br />Program Manager will review the requested percentage of completion for each <br />activity. Provided the request is in proper form, the Program Manager shall <br />submit the request to the City. The payment request will be in the format as <br />provided by the City and will refer to the schedule. In the event of any difference <br />between the City's estimate and Program Manager's estimate of completion of a <br />breakdown item, the City's judgment shall prevail. <br />2.3.5 Upon receipt of a payment request, the City shall: <br />a. Review that request promptly for the purpose of determining if the <br />payment request is a proper payment request; and, <br />b. Return any payment request determined not to be a proper request <br />suitable for payment to Program Manager as soon as practicable, but not <br />later than seven (7) days after receipt. The returned request for payment <br />shall be accompanied by a document setting forth in writing the reasons <br />why the payment request is not proper. <br />2.3.6. Any progress payment which is undisputed and properly submitted shall <br />be paid within thirty (30) days of submission, subject to City accounting <br />procedures. If not so paid, the amount unpaid shall accrue interest to Program <br />Manager equivalent to the legal rate set forth in subdivision (a) of Section <br />685.010 of the California Code of Civil Procedure. The number of days available <br />to the City to make a payment without incurring interest pursuant to this Section <br />shall be reduced by the number of days by which the City exceeds the seven-day <br />return requirement set forth in this Article 2, Section 2.3.5.b. <br />2.3.7. In making these progress payments, the City will retain ten percent (10%) <br />(of the direct cost component of the Project Budget only -excluding fees payable <br />to the Program Manager) of the estimated amount until final completion and <br />acceptance of the work unless otherwise agreed upon by Program Manager and <br />the City. When the work is substantially complete as defined in Article 5 of <br />Exhibit A-1(Time Schedule/Liquidated Damages), the City shall retain a <br />maximum amount of 5% and shall release to Program Manager all of any excess <br />amount for disbursement to the Contractors. <br />2.3.8. Except as otherwise prohibited by law, Program Manager may elect to <br />require the City to disburse to Program Manager payments payable to Contractors <br />without any retention, by causing the affected Contractors to post securities in <br />accordance with California Public Contract Code Section 22300. <br />