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This memorandum addresses the status of the 9365 - Happy Hollow Park and Zoo Fossa Night House Project, highlighting contractor performance issues and recommending the termination of the contract with VNH Builders. It outlines the project's current completion status, issues with the contractor, and the need for a new contractor to ensure timely completion. The memorandum also discusses the implications of delays on the zoo's accreditation and the financial aspects related to the project.
Key points
The project is located at Happy Hollow Park and Zoo and involves constructing a 385 square foot night house for fossas.
VNH Builders was awarded the contract in June 2024, but as of October 31, 2025, the project is only 30% complete.
The City has issued multiple warnings to VNH for non-performance and intends to terminate the contract due to ongoing issues.
The completion of the project is critical for the zoo's accreditation and the acquisition of new fossas.
The memorandum recommends authorizing the City Manager to negotiate with the surety and a new contractor to complete the project.
Limitations
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Specific dates, votes, dollar amounts, and outcomes are not provided in the text.
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COUNCIL AGENDA: FILE: ITEM: TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: See Below Approved 12/9/25 25-1285 2.14 FROM: Matt Loesch Jon Cicirelli DATE: November 17, 2025 Date: 11/26/25 COUNCIL DISTRICT: 7 SUBJECT: Actions Related to the 9365 – Happy Hollow Park and Zoo Fossa Night House Project RECOMMENDATION (a) Accept this report on the status of the 9365 - Happy Hollow Park and Zoo Fossa Night House Project, acknowledging contractor performance issues and failure to complete the project per contract requirements. (b) Terminate the existing 9365 - Happy Hollow Park and Zoo Fossa Night House Project contract with VNH Builders. (c) Adopt a resolution authorizing the City Manager, or her designee, to negotiate and execute agreements and any ancillary documents with the surety, American Contractors Indemnity Company, and any construction contractor to complete the project. SUMMARY AND OUTCOME This memorandum summarizes the status of the 9365 - Happy Hollow Park and Zoo Fossa Night House Project’s (Project) construction status, outlining contractor performance issues and their failure to complete construction in accordance with contract requirements, and recommends terminating the...
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Bruno Vieira, Principal of VNH Builders, has sent a letter to the City Council requesting intervention regarding the withholding of payments for their contract to build the Fossa Night House. VNH Builders claims they have not received payments since February 2025, despite completing the project. The City is withholding payments due to alleged prevailing wage violations and accusations of a cash kickback scheme, which VNH Builders disputes, citing a lack of evidence. The letter outlines the financial impact on the company and requests immediate payment for undisputed work, withdrawal of allegations without evidence, and compliance with California law regarding contractor payments.
Key points
VNH Builders has not received payments for their contract since February 2025.
The City is withholding payments due to alleged violations totaling less than 4% of the contract value.
VNH Builders disputes the allegations and claims there is no evidence to support them.
The withholding of payments has caused significant financial damage to VNH Builders.
VNH Builders requests immediate release of payments for undisputed work and compliance with California law.
Limitations
The document contains placeholders and unresolved sections, such as specific dates and amounts.
The text appears to be a draft as it contains informal email formatting and incomplete references.
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Extracted text preview · 6,632 chars
@ Outlook FW: 9365 Fossa Night House - VNH Builders Info For Attending Council Meeting 12/9/25 Agenda Number 25-993 From City Clerk <city.clerk@sanjoseca.gov> Date Mon 12/8/2025 10:34 AM To Agendadesk <Agendadesk@sanjoseca.gov> From: brn ie Sent: Monday, December 8, 2025 10:26 AM To: City Clerk <city.clerk@sanjoseca.gov> Subject: Re: 9365 Fossa Night House - VNH Builders Info For Attending Council Meeting 12/9/25 Agenda Number 25-993 [External Email. Do not open links or attachments from untrusted sources. Learn more] You don't often get email fro Learn why this is important Agenda Number is 25-1285 ira | VNH Builders From: bruno.vieira Sent: Monday, December 8, 2025 10:17 AM To: city.clerk@sanjoseca.gov <city.clerk@sanjoseca.gov> Subject: 9365 Fossa Night House - VNH Builders Info For Attending Council Meeting 12/9/25 Agenda Number 25-993 My name is Bruno Vieira, Principal of VNH Builders. | am here today to request the City Council's intervention regarding serious violations of California law being committed by City staff against my company. THE SITUATION For the past eight months, the City of San Jose has completely withheld all payments on our $663,708 contract to build the...