A minimum of two (2) weeks prior to commencing construction, Applicants must meet with the MDRB Executive Coordinator to review the Construction Regulations (see Section 6.5) and coordinate scheduling and construction activities. Applicants should bring copies of all Building Permits to this meeting.
Prior to commencing construction, Contractor shall procure the following coverages:
(1) A Construction All-Risk policy in the amount of the value of the project being constructed. This policy shall include comprehensive liability in the amount of no less than 40 percent of the value of the project being constructed.
(2) An Automobile Liability policy covering bodily injury in the amount of 200,000 colones per person and 300,000 colones per accident, and property damage in the amount of 100,000 colones per accident. This policy should cover all owner, leased, hired and non-owned automobiles.
(3) A Workers’ Compensation policy (as required by law) that covers all employees working on the project being constructed. Also, Contractor shall be responsible to ensure that all subcontractors also have the Workers’ Compensation policies required by law.
A certificate of insurance for each of the above-mentioned policies must be provided to MDRB prior to commencing construction stating the coverage amounts indicated above and also stating that the insurance coverage will not be terminated without at least 30 days written notice to Península Papagayo Resort Community Master Association.
Following the pre-construction meeting and prior to commencing construction, Applicants must prepare and submit a Construction Management Plan for MDRB approval describing how the Contractor will manage the construction process while protecting the Homesite and neighboring properties during the construction process. The Construction Management Plan must include the following:
• A plan showing the limit of site disturbance, limit of site grading, trees to be removed or protected, construction parking, equipment storage, lay down area and supply storage, vehicle access, debris storage and dumpster location, temporary construction buildings, trailers, and sanitary facilities. All such facilities shall be located to minimize impact on adjacent homesites.
• Location of temporary utilities and permanent utility trenches.
• Location of the temporary sign required by SETENA.
• Erosion control and soil stabilization plans.
• Location and type of fire protection equipment and resources.
• Site drainage plans for the construction period.
• Detail plans and techniques for tree protection.
• Location and design of any construction safety or security fencing.
• Fencing and other methods to minimize and mitigate the visual impact of the construction from neighboring properties and adjacent roadways.
Construction and building practices should minimize site disturbance during construction.
Watering and/or other methods must be used to control blowing dust resulting from grading and construction operations. During construction, erosion must be minimized on exposed cut and/or fill slopes through proper soil stabilization, water control, and revegetation. Contractors are responsible for the implementation of erosion-control measures. All runoff from the site should be reasonably silt-free. Grading operations may be suspended by the MDRB during periods of heavy rains or high winds. Owners shall fully compensate the Master Association for any damages to Peninsula Papagayo (excluding the Homesite), including damage to Improvements, landscaping, or other facilities and equipment caused by or resulting from the Owner’s activities and/or the activities of the Owner’s Contractor(s). All topsoil disturbed by grading operations must be stockpiled and covered to minimize blowing dust within the construction area. Further, the topsoil must be reused as part of the site restoration/landscaping plans. Fill or topsoil material brought to the Homesite shall be free of termites and deleterious matter. Pursuant to applicable law, excavated material may only be exported to a disposal site approved by SETENA. There shall be no blasting or discharge of explosives on any Homesite.
Peninsula Papagayo is known to contain artifacts of historical and archeological significance. The Master Developer has already performed several archeological studies in order to locate the major sites of archeological significance. These studies should minimize “construction” discoveries. In the event that any object, artifact, or structure of possible archeological or historical significance is discovered during construction, landscaping, or other activity on a Homesite, construction activity must immediately cease so as not to further disturb the object or structure and the Owner shall promptly notify the Costa Rican Government. Until such time as a governmental agency has evaluated the discovery, all construction activity will cease and may not commence until notification by the Costa Rican government. Owners must notify the Contractor and all persons performing construction, landscaping, excavation, or any other work on their Homesite of these obligations.
xxx
The time of construction will be limited to the period from 7:00 am to 5:30 pm Monday through Saturday. Construction on Sunday is not permitted unless approved by the MDRB. Non-disruptive activities that do not involve heavy equipment or machinery may occur at other times subject to the review and approval of the MDRB. Exceptions may be granted for hotel development parcels and other special projects by the Master Developer deemed to be of significance to the community. An authorized project representative is to be on-site while any work is being done. No personnel are to remain at the construction site after working hours. Under no circumstances will working activities be allowed during the following days: January 1, Holy Thursday-Holy Sunday, May 1, July 25, September 15 and December 25.
Peninsula Papagayo requires all contractors to comply with the following:
• Provide MDRB with a written list of the individuals, entities and vehicles needing access to the Homesite for the purpose of constructing the authorized Improvements.
• All construction traffic must report to the visitor’s gate and provide personal identification, the Contractor’s name and job site.
• Limit access to the Homesite construction area only via approved designated routes, specified by MDRB.
• Consolidate all deliveries of materials and equipment to the extent feasible and notify the Peninsula Papagayo security department of any oversized material deliveries, traffic disrupting activities, and activities that produce excess noise.
• Qualified project security guards may be employed by the Owner or Contractor at their discretion. Such security guards must be in uniform and registered in advance with the Peninsula Papagayo security department with all supporting documentation. Each guard must be furnished with a radio that can communicate directly with the Peninsula Papagayo security department. Under no circumstances are guards permitted to sleep on-site or be engaged as a construction worker during the day and a guard at night.
To protect the Natural Area of the Homesite from damage due to construction operations, a chain-link fence at least 1.8 m (six feet) high shall be installed to completely enclose the Building Envelope designated and approved in the Construction Management Plan. The fence shall have a single entrance located at the driveway entrance and shall be maintained intact until the completion of construction. The construction trailer (if any), portable toilet, construction material storage, and dumpsters must all be contained within the chain-link fence. In special cases, the MDRB may allow materials to be stored outside the chain-link fence within the Homesite. If it is necessary to conduct construction activities outside of a Building Envelope to complete an Improvement within the Envelope, the Owner or Contractor may submit to the MDRB a boundary description of the proposed encroachment. The MDRB will require the construction area outside the Building Envelope to be returned as closely as possible to its original condition when construction is complete.
Temporary signage visible from outside the Homesite shall be limited to the sign required by SETENA for all construction sites in Costa Rica. It is the responsibility of the Owner to meet all SETENA requirements. No other sign(s) may be visible from outside the Homesite. The SETENA sign must be removed at the time the house is substantially complete or when the MDRB directs the sign to be removed.
Construction crews shall not park on, or otherwise use, any other homesites or open space. Private and construction vehicles and machinery shall be parked only within the Building Envelope or in areas designated by MDRB. All vehicles shall be parked so as not to inhibit traffic. No construction vehicles shall be parked on any roadways within Peninsula Papagayo. At the single entrance in the construction fence, a 3.65m (12’-0”) wide temporary gravel construction access shall be installed and maintained in good condition throughout construction. Each Contractor shall be responsible for its subcontractors and suppliers obeying the speed limits posted within Peninsula Papagayo. Fines for traffic violations may be imposed on the Owner in accordance with Master Association policies. Adhering to posted speed limits shall be a condition included in the contract between the Contractor and its subcontractors/suppliers. Repeat offenders may be denied access to Peninsula Papagayo by the Resort Operator.
All construction materials, equipment, and vehicles will be stored within the fenced boundary of the MDRB-approved construction area, and outside any resource-protection areas within the approved construction area. Equipment and machinery will be stored on-site only while in use. Dangerous and/or hazardous materials must be stored in compliance with all applicable laws and regulations.
Construction trailers and similar structures must be approved by MDRB as part of the Construction Management Plan prior to the start of construction. All such facilities will present an image compatible with the aesthetic standards of the Resort Community as determined by MDRB and shall be removed from the Homesite prior to release of the Compliance Deposit. Temporary living quarters on the Homesite are not permitted.
Soil under all concrete slabs at grade, and under all building floors, whether on ground or over airspace, and under all footings and masonry foundation walls, shall be treated against subterranean termites by a licensed pest control company. Chemicals used outside of the dwelling or in accessible spaces under the dwelling, shall be applied in a safe manner to mitigate exposure to humans, flora, and fauna.
Sanitary facilities, including potable water, must be provided on-site for construction personnel in a number and location that are in compliance with American National Standards Institute regulation Z4.3 and approved by the MDRB. All portable toilets must be cleaned at least twice a week. The facility must be screened from the view of adjacent homesites and roads.
Contractors must clean up all trash and debris on the construction site at the end of each day. Lightweight material (including packaging) must be weighted or covered to prevent wind from blowing such materials from the construction site. Domestic trash and garbage and construction waste should be kept in separate containers. The trash removal service will be provided by the Resort Operator. Contractors are prohibited from dumping, burying, or burning trash anywhere on the homesite or Peninsula Papagayo except in areas, if any, specifically designated by the MDRB. During the construction period, each construction area must be kept neat and tidy to prevent it from becoming a public eyesore or affecting adjacent Homesites. Dirt, mud or debris resulting from construction activity must be promptly removed from roads, open spaces, driveways, etc. Any cleanup costs incurred by the MDRB or the Master Association will be billed to the Owner.
The transportation of construction workers from the remote parking lot at the entrance of the Resort Community to individual worksites must be accomplished through the use of the services of the Resort Operator. Logistical and financial arrangements for these services should be made directly with the Resort Operator.
The following practices are prohibited in association with all construction projects:
• Changing oil on any vehicle or equipment on the site itself or at any other location within Peninsula Papagayo other than at a location, if any, designated for that purpose by the MDRB.
• Allowing concrete suppliers, plasterers, painters, or subcontractors to clean their equipment anywhere but the location designated, if any, for that purpose by the MDRB.
• Removing any rocks, plant material, topsoil, or similar items from any other Homesite within Peninsula Papagayo, including other construction sites.
• Carrying any type of firearm within Peninsula Papagayo.
• Using disposal methods or equipment other than those approved by the MDRB.
• Careless disposition of flammable material. (At least three (3) 10-pound ABC-rated dry chemical fire extinguishers shall be present and available in conspicuous places on the construction site at all times.)
• Careless treatment or removal of protected plant materials or plants not previously approved for removal by the MDRB.
• Use of illegal drugs.
• Use of alcoholic beverages other than during pre-approved and supervised functions.
• Use of or transit over any golf course area.
• Pets on the construction site.
• Illumination of construction signage.
• Use of radios and other audio equipment at construction sites.
• Feeding or disturbing any wild animals.
• Use of drones unless approved by the Master Association.
• Use of cameras or video recording devices other than for purposes of recording images of the Homesite and views required for design purposes.
• Cleaning concrete mixing trucks or facilities anywhere but the location designated, if any, by the MDRB.
• Use of loud or offensive language.
• Use of horns or whistles other than those required for safety purposes.
Owners are solely responsible for the conduct and behavior of their Contractors, subcontractors, agents, and other representatives while on the premises of Peninsula Papagayo.
Damage and scarring to any homesite, improved space, or open space, including but not limited to roads, driveways, concrete curbs, gutters, utilities, vegetation, and/or other Improvements, resulting from construction operations, will not be permitted. If any such damage occurs, it must be repaired and/or restored promptly at the Owner’s expense.
Any contractor, subcontractor, architect or representative of the foregoing professionals (collectively, “Project Participants”) who repeatedly fails to comply with the Master Association Declaration, Master Association rules and regulations, MDRB guidelines, or MDRB policies shall be restricted from participating in any construction project at Peninsula Papagayo. After a Project Participant has received three written notices from the MDRB in relation to violations of any of the aforementioned rules, regulations, guidelines, policies, etc., the MDRB shall recommend to the Board of Directors of the Master Association that said Project Participant(s) should be prohibited from participating in any future construction project within the Resort Community. If the Board of Directors of the Master Association concurs with the opinion of the MDRB, said Project Participant shall be precluded from participating in any future construction projects at Peninsula Papagayo.