A minimum of two (2) weeks prior to commencing construction, Applicant must meet with an authorized MDRB representative to review the draft Construction Management Plan (see Section 6.3), 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 or Owner shall procure the following coverages: (1) “Contractor Liability Insurance” in the coverage amount of no less than $10,000,000, naming Ecodesarrollo Papagayo SRL (“Eco”) and Master Association as additional insureds. This insurance coverage must protect Eco and Master Association against any losses, damages, costs and claims (including third-party claims) against Eco or Master Association arising out of any construction activities. A certificate of insurance indicating such coverage and the additional insureds, as well as indicating that the insurance coverage will not be terminated without at least 30-days prior written notice to Eco and Master Association must be provided to the MDRB prior to commencing construction; (2) Worker’s Compensation insurance, which provides coverage for all employees of Contractor, as required by applicable law and Employer’s liability for $1,000,000 each accident, employee and policy limit; (3) Automobile Liability insurance covering bodily injury and property damage for a combined limit of at least $1,000,000 each accident, and covering all owned, leased, hired and non-owned automobiles; and (4) Property insurance covering Contractor’s personal property now or hereafter located on subject Homesite against “All Risks” of loss in amount at least equal to the replacement value.
Once MDRB has granted approval of the Final Plan Package and all necessary permits have been obtained, applicants must prepare a Construction Management Plan for MDRB approval. A draft of this plan must be submitted a minimum of two weeks prior to the start of construction, describing how the Contractor will manage the construction process and protect the site and neighboring property during the construction process. The Construction Management Plan must include the following:
• A construction layout plan showing the limit of site disturbance, limit of site grading, all 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 or trailers, and sanitary facilities.
• 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.
• Protection of archeological sites, if applicable.
• 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 house construction.
Upon commencing construction, installation of temporary perimeter controls such as silt fences, sediment traps/ basins, and stone check dams is required. Sediment control is deemed critical to the environmental health of Peninsula Papagayo. All sediment control devices should be routinely maintained as necessary and all sediment removed from site in coordination with the Resort Operator. Any required repairs or clean-up caused by inadequate design, construction or maintenance of sediment control facilities will be charged to the owner of the homesite from which the sediment originated. Drainage crossings should be monitored to determine if construction of temporary dry swales for diversion of drainage is needed. Existing streams and drainage ways must be protected from the intrusion of sediments.This can be accomplished through the use of geotextile silt fences, earth berms, stabilized swales, and stone check dams.
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, no excavated material from a Homesite can be exported away from Peninsula Papagayo. If cut and fill quantities are not balanced, arrangements must be made with the Resort Operator for the proper disposal of any excess materials. There shall be no blasting or discharge of explosives on any Homesite.
It is the Owner’s responsibility to conduct an independent geotechnical engineering investigation before the design of building foundations or any on-site construction takes place—see Geotechnical Report under requirements in Section 7.4.3: Final Plan Review Meeting for more information. Such studies are necessary to determine the feasibility of the Owner’s planned Improvements. Owners are advised to seek the assistance of a licensed soil engineer to examine and test soil conditions on their Homesite. Certain portions of Peninsula Papagayo have been filled and soil may settle in filled areas. The Master Developer makes no representation or warranties, expressed or implied, as to soil conditions of 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.
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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 Through Easter (Thursday – Sunday), May 1, July 25, September 15, 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 vehicles entering Peninsula Papagayo must be identified with the Contractor’s name and job site.
• Limit access to the construction area only via approved designated routes, specified by MDRB.
• Restrict access through the construction gate.
• 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 on 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 signs are permitted on 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 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 drive shall be installed. This drive shall be maintained in good condition throughout construction. Each Contractor shall be responsible for its subcontractors and suppliers obeying the speed limits posted within Peninsula Papagayo. The Resort Operator may impose fines on the Applicant and Contractor for repeated violations. 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 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. The MDRB will work closely with the Contractor to site the trailer in the best possible location to minimize the impact to the site and to adjacent homesites. 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 on all construction sites and 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 cameras or video recording devices, other than for purposes of recording images of the subject homesite, resort facilities and special views 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.
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