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7.3 Reserved. <br />7.4 Program Manager shall submit to The City its draft request for payment on or about <br />the 25 h day of each month estimating the percentage of completion of each category in the <br />breakdown of the Project Budget as referred to in Article 3 for approval by the City. The <br />Designated City Representative shall review the Program Manager's request for payment and shall <br />inform the Program Manager of any reasons why such request is not suitable for payment, if any. <br />Prior to the submittal to the City, the City will review the requested percentage of completion for <br />each activity. Provided the request is in proper form, the Program Manager shall submit the request <br />to the City. The payment request will be in the format as provided by the City and will refer to the <br />schedule. In the event of any difference between the City's estimate and Program Manager's <br />estimate of completion of a breakdown item, the City's judgment shall prevail. <br />7.5 Upon receipt of a payment request, the City shall: <br />1. Review that request promptly for the purpose of determining if the payment <br />request is a proper payment request; and <br />2. Return any payment request determined not to be a proper request suitable for <br />payment to Program Manager as soon as practicable, but not later than fourteen (14) days <br />after receipt. The returned request for payment shall be accompanied by a document setting <br />forth in writing the reasons why the payment request is not proper. <br />7.6 Any progress payment which is undisputed and properly submitted shall be paid <br />within thirty (30) days of submission to the City. If not so paid, the amount unpaid shall accrue <br />interest to Program 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 to the City to <br />make a payment without incurring interest pursuant to this Section shall be reduced by the number <br />of days by which the City exceeds the fourteen -day return requirement set forth in this Article 7, <br />Section 7.5.2. <br />7.7 In making these progress payments, the City will retain ten percent (10%) (of the <br />direct cost component of the Project Budget only) of the estimated amount until final completion <br />and acceptance of the work unless otherwise agreed upon by Program Manager and the City. When <br />the work is substantially complete as defined in Article 5, the City shall retain a maximum amount <br />of 5% and shall release to Program Manager all of any excess amount for disbursement to the <br />Contractors. <br />7.8 Except as otherwise prohibited by law, Program Manager may elect to require the <br />City to disburse to Program Manager payments payable to its Contractors without any retention, by <br />causing the affected Contractors to post securities in accordance with California Public Contract <br />Code Section 22300. <br />7.9 The City may withhold payment (in excess of retentions) or, on account of <br />subsequently discovered evidence, nullify the whole or a part of any certificate of completion to <br />8 <br />