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Home My WebLink About20230919 3376 S Broadway Treehouse Site Plan Geotech Info 2024 01 09 500 CANAL VIEW BOULEVARD SUITE 700 ROCHESTER, NY 14623 585.252.6879 whitestoneassoc.com Office Locations: NEW JERSEY PENNSYLVANIA MASSACHUSETTS CONNECTICUT FLORIDA NEW HAMPSHIRE NEW YORK January 9, 2024 via email WL ENTERPRISES ACQUISITIONS, LLC c/o Snyder, Kiley, Toohey, Corbett & Cox, LLP 160 West Avenue Saratoga Springs, New York 12866 Attention: Ms. Sarah Morin Chief Growth Officer Regarding: PRELIMINARY GEOTECHNICAL INVESTIGATION PROPOSED BREWERY/RESTAURANT 3376 SOUTH BROADWAY SECTION 178, BLOCK 2, LOT 15 SARATOGA SPRINGS, SARATOGA COUNTY, NEW YORK WHITESTONE PROJECT NO.: GM2321159.Y00 Dear Ms. Morin: Whitestone Associates Engineering & Geology NY, PLLC (Whitestone) has completed a limited geotechnical investigation at the above-referenced site. The results of the investigation and recommendations presented below are based on the soil conditions disclosed from a limited number of borings performed during Whitestone’s field investigation. The purpose of the investigation was to assess subsurface conditions within and adjacent to the proposed building areas accessible to track-mounted drilling equipment and a tracked excavator. Subsequently, cone penetrometer test (CPT) probes were advanced. Preliminary recommendations for support of the proposed structures and pavements, and anticipated earthwork requirements are included herein. 1.0 PROJECT DESCRIPTION 1.1 Site Location & Existing Conditions The 10.67-acre subject property, located at 3367 South Broadway in Saratoga Springs, Saratoga County, New York, is identified further as Section 178, Block 2, Lot 15. The property, which was previously a golf driving range, is vacant and grass covered. 1.2 Site Geology According to the University of the State of New York, The State Education Department Surficial Geologic Map of New York, Hudson - Mohawk Sheet (1987), the site is underlain by lacustrine sand. The University of the State of New York, The State Education Department Geologic Map of New York, Hudson - Mohawk Sheet (1970) indicates that the subject site is underlain, at depth, by the Middle Ordovician-age Canajoharie Shale, consisting of black shale, part of Lorraine, Trenton, and Black River Groups. WL Enterprises Acquisitions, LLC Preliminary Geotechnical Investigation 3367 South Broadway Saratoga Springs, New York January 9, 2024 Page 2 Environmenta l & Geotechnical Engineers & Consultant s 1.3 Proposed Construction Based on an October 6, 2022 Preliminary Architectural Site Plan prepared by Bergmeyer of Boston, Massachusetts, the proposed development includes the construction of a brewery/restaurant with patios with a footprint of approximately 40,000 square feet within the western portion of the site, with associated asphalt paved parking and landscaped areas. The proposed building will be a single-story, wood and steel-framed structure with no basement or crawl space. Whitestone anticipates that the site will be developed close to site grades to match the nearby roadway. Stormwater management areas are planned. No new retaining walls are shown on the site plan. Detailed structural information was not available at the time of this report. Maximum design loads are assumed to be less than the following: column loads - 120 kips, wall loads - 3.0 kips/lineal foot, and floor loads - 150 pounds per square foot. 2.0 FIELD EXPLORATION 2.1 Field Exploration Field exploration at the project site consisted of advancing five borings (identified as B-1 through B-5) within the proposed building footprint. The borings subsequently were backfilled to the surface with excavated soils from the investigation. The locations of the borings are shown on the accompanying Test Location Plan included as Figure 1. Records of Subsurface Exploration are provided in Appendix A. Field exploration also consisted of advancing eight test pits (identified as TP-1 through TP-8) throughout the site. The test pits subsequently were backfilled to the surface with excavated soils. The locations of the test pits are shown on the accompanying Test Location Plan included as Figure 1. Records of Subsurface Exploration are provided in Appendix A. Because of the very loose lacustrine sand encountered in the borings, Whitestone contracted Summit Geoengineering Services to advance two CPT probes (CPT-1 and CPT-2) at the site and then analyze the CPT data. CPT probes were advanced to effective refusal, presumably on dense glacial till, at depths of 43.9 feet below ground surface (fbgs) and 43.2 fbgs. A Whitestone field representative coordinated CPT probe locations and observed the advancing of the CPT probes. Whitestone also reviewed the Summit CPT data related to Site Class and liquefaction potential. The locations of the CPT probes are shown on the accompanying Test Location Plan included as Figure 1. The Summit CPT Data Report is included in Appendix A. The subsurface tests were conducted in the presence of a Whitestone engineer, who performed field tests, recorded visual classifications, and collected samples of the various strata encountered. Test locations were established in the field using phone-based GPS. These locations are presumed to be approximate (± 20 feet). Borings and Standard Penetration Tests (SPTs) were conducted in general accordance with ASTM International (ASTM) designation D1586. The SPT resistance value (N) can be used as an indicator of the consistency of fine-grained soils and the relative density of coarse-grained soils. The N-value for various soil types can be correlated with the engineering behavior of earthworks and foundations. WL Enterprises Acquisitions, LLC Preliminary Geotechnical Investigation 3367 South Broadway Saratoga Springs, New York January 9, 2024 Page 3 Environmenta l & Geotechnical Engineers & Consultant s Groundwater level observations, where encountered, were recorded during and immediately after the completion of field operations prior to backfilling the tests. Seasonal variations, temperature effects, man-made effects, and recent rainfall conditions may influence the levels of the groundwater, and the observed levels will depend on the permeability of the soils. Groundwater elevations derived from sources other than seasonally observed groundwater monitor wells may not be representative of true groundwater levels. 2.2 Infiltration Testing Subsurface soil conditions were initially explored by advancing test pits TP-1 through TP-8. Subsequently, infiltration tests, I-1 through I-8, were performed as falling head tests in cased holes in general accordance with the procedures in the NYS Stormwater Management Design Manual within the proposed SWM areas, as shown on Figure 1 Test Location Plan. PVC casing, four inches in diameter, was installed at the depths shown below. The soil was pre-soaked for approximately one hour. Following testing, the casings were removed. The results are tabulated below. SUMMARY OF INFILTRATION TESTING Location Approximate Ground Elevation (ft NAVD) Test Depth (fbgs) Approximate Test Elevation (ft NAVD) Infiltration Rate (in/hr) I-1 (TP-1) 305 7.3 297.7 >15 I-2 (TP-2) 305 3.7 301.3 >15 I-3 (TP-3) 305 5.0 300 >15 I-4 (TP-4) 305 4.6 300.4 >15 I-5 (TP-5) 305 8.7 296.3 >15 I-6 (TP-6) 305 7.2 297.8 >15 I-7 (TP-7) 305 6.7 298.3 >15 I-8 (TP-8) 305 6.5 298.5 >15 The infiltration testing was conducted within the lacustrine sand which has a low fines content. Typically, a Factor of Safety (FoS) is applied to measured infiltration rates to account for siltation and consolidation of soil below the systems over time. Safety factors used should consider how critical the systems are to the development and the available storage. If the system is critical or storage limited, a higher FoS should be applied. Infiltration rates are variable and dependent on test depth and stratification. Whitestone recommends that the unfactored infiltration rate not exceed eight inches per hour and that a FoS of at least 2.5 be applied to the rate for design purposes. 2.3 Laboratory Testing Laboratory testing was conducted to determine additional, pertinent engineering characteristics of representative samples of on-site soils. The laboratory testing was conducted in general accordance with applicable ASTM standard test methods and included physical/textural testing of representative samples. The results of the laboratory testing are presented in this section in a general manner and qualitatively interpreted. The results are incorporated into the findings and recommendations discussed throughout this report. Quantitative test results are provided in Appendix B. WL Enterprises Acquisitions, LLC Preliminary Geotechnical Investigation 3367 South Broadway Saratoga Springs, New York January 9, 2024 Page 4 Environmenta l & Geotechnical Engineers & Consultant s Physical and Textural Analysis: Two representative samples were subjected to a laboratory testing program that included moisture content determinations (ASTM D2216) and washed gradation analyses (ASTM D422) in order to conduct supplementary engineering soil classifications in general accordance with ASTM D2487. The soil stratum tested was classified by the Unified Soil Classification System (USCS), provided in Appendix C. The results of the laboratory testing are summarized in the following table. PHYSICAL/TEXTURAL ANALYSES SUMMARY Boring Sample Depth (fbgs) Moisture Content (%) Passing No. 200 Sieve (%) USCS Classification B-1 S-3 4.0 - 6.0 14.6 6.0 SP-SM B-4 S-2 2.0 - 4.0 12.4 7.0 SP-SM 3.0 SUBSURFACE CONDITIONS The subsurface soil conditions encountered within the subsurface tests conducted by Whitestone consisted of the following generalized strata in order of increasing depth. Records of Subsurface Exploration are provided in Appendix A. Surface Cover Materials: The explorations encountered three inches to 12 inches of topsoil at the ground surface, underlain by 12 inches to 27 inches of subsoil with roots. Existing Fill: The explorations did not encounter existing fill. However, existing fill may be encountered during construction between the widely spaced explorations. In addition, sites such as this may have stump or burn pits from initial clearing, and other buried features. Lacustrine Sand: Beneath the surface cover materials, the explorations encountered lacustrine sand, consisting of brown, very loose to loose (occasionally medium dense), poorly graded sand with silt (USCS: SP-SM). SPT N-values within the lacustrine sand were variable, ranging from one blow per foot (bpf) to 24 bpf. Borings B-2 and B-3 terminated in this stratum at a depth of 22 fbgs. The test pits terminated in the lacustrine sand at depths of five fbgs to nine fbgs. Glacial Till: Beneath the lacustrine sand, borings B-1, B-4, and B-5 encountered glacial till, consisting of brown, dense, silty sand with gravel (USCS: SM). Borings B-1, B-4, and B-5 terminated in this stratum at depths of 15.7 fbgs to 22 fbgs. Groundwater: Groundwater was encountered in the explorations during the investigation at depths of 4.5 fbgs to 7.7 fbgs, but typically five fbgs to six fbgs. Test pits TP-3 and TP-4 caved at a depth of 5.0 fbgs, indicating the likely presence of groundwater at that depth. Groundwater was measured at depths of 3.0 fbgs to 4.0 fbgs while advancing the CPT probes. Groundwater levels should be expected to fluctuate seasonally and following periods of precipitation. WL Enterprises Acquisitions, LLC Preliminary Geotechnical Investigation 3367 South Broadway Saratoga Springs, New York January 9, 2024 Page 5 Environmenta l & Geotechnical Engineers & Consultant s 4.0 CONCLUSIONS & RECOMMENDATIONS The CPT probes determined that the natural sands below the groundwater table are generally not susceptible to seismic liquefaction. However, thorough surface compaction is recommended due to the loose sands, as discussed below. Contingent upon construction phase evaluation, Whitestone’s findings indicate that the proposed structures may be supported on conventional shallow foundations bearing on a layer of crushed stone encapsulated in geotextile separation fabric placed over the approved lacustrine sand and/or structural fill placed on the lacustrine sand. The borings did not encounter existing fill. However, existing fill may be encountered between the widely spaced borings. Any existing fill encountered beneath the underside of footing level should be overexcavated and replaced with structural fill. Ground-supported floor slabs may derive support from the inspected, improved, and approved lacustrine sand and/or controlled structural fill materials. Additionally, the site conditions support the use of typical pavement sections using standard New York State Department of Transportation (NYSDOT) specified materials. The following recommendations have been developed on the basis of the previously described project characteristics and subsurface conditions encountered within the limited exploration performed. If there are any significant changes to the project characteristics or if significantly different subsurface conditions are encountered during construction, Whitestone should be consulted, so that the recommendations of this report can be reviewed. 4.1 Site Preparation & Earthwork Surface Cover Stripping: Prior to stripping operations, any utilities should be identified and secured. Topsoil, organic subsoil, vegetation, trees, shrubs, and other organic matter should be removed from within and at least five feet beyond the limits of the proposed building footprint and other site structures, as well as any other area that will require controlled structural fill placement. Tree/shrub removal should include the removal of stumps and root material. Root structures will require removal in excess of the few inches of topsoil encountered at the ground surface. Any existing concrete or masonry structural elements encountered during excavation should be removed entirely. The contractor should be required to conduct earthwork in accordance with the recommendations in this report, including backfilling any excavation, etc. with structural fill. Fill or backfill placed within the proposed building area should be placed as structural fill in accordance with the recommendations of this report. Surface Preparation/Proofrolling: Prior to placing any fill to raise or restore grades to the desired subgrade elevations, if required, the existing exposed soils should be compacted to a firm and unyielding surface with several passes in two perpendicular directions of a minimum 10-ton vibratory compactor. The surface should then be proofrolled with a loaded tandem axle truck in the presence of the geotechnical engineer to help identify soft or loose pockets that may require removal and replacement, or further evaluation. Proofrolling should be performed after a suitable period of dry weather to reduce the likelihood of degrading an otherwise stable subgrade. Should construction be attempted in the winter or when temperatures are below freezing, Whitestone should be contracted for alternative surface preparation recommendations. Fill and backfill should be placed and compacted in accordance with Section 4.2. Weather Performance Criteria: The lacustrine sand is typically well drained. Achieving compaction and maintaining surface compaction during dry weather may be difficult. The lacustrine sand deposit may need to be wetted on a regular basis to achieve compaction and will be easily disturbed at the surface by construction activities. Routine grading, wetting of soil, and proofrolling will likely be required to maintain exposed subgrades. WL Enterprises Acquisitions, LLC Preliminary Geotechnical Investigation 3367 South Broadway Saratoga Springs, New York January 9, 2024 Page 6 Environmenta l & Geotechnical Engineers & Consultant s Subgrade Protection and Inspection: Every effort should be made to reduce disturbance of the on-site soils by construction traffic and surface runoff. The on-site materials may deteriorate when subjected to repeated construction traffic and/or inclement weather, which would require removal and replacement. The contractor should be responsible for protection of subgrades and minimization of exposure of the site materials to precipitation by covering stockpiles and subgrades with plastic and preventing ponding of water by sealing subgrades before precipitation events and grading the site to allow proper drainage of surface water. All rutting from construction equipment should be removed prior to any forecasted or actual precipitation. Whitestone should be retained to observe soil conditions during construction and review the suitability of prepared foundation subgrades for support of design loads. Groundwater Control: Groundwater was encountered in the explorations during the initial investigation at depths of 4.5 fbgs to 7.7 fbgs, but typically 5.0 fbgs to 6.0 fbgs. However, while advancing the CPT probes, groundwater was measured at depths of 3.0 fbgs to 4.0 fbgs. Shallower groundwater may be encountered during construction, perched above impermeable layers. As such, construction phase dewatering may consist of temporarily lowering the groundwater table, and removing surface water runoff, infiltrating water, or trapped water. Whitestone anticipates that construction phase dewatering could include installing temporary sump pits and filtered pumps within trenches and excavations. Whitestone recommends that foundation construction occur during periods of relatively dry weather. Every effort should be made to maintain drainage of surface water runoff away from construction areas by grading and limiting the exposure of foundation areas to precipitation. Because of the shallow groundwater, Whitestone recommends a minimum four-inch diameter perforated PVC or HDPE perimeter drain be incorporated into the foundation design. The perimeter drain should be installed close to the bottom of the footings, encased in minus 0.75-inch crushed stone wrapped in geotextile separation fabric. The groundwater collected by the foundation drain should flow to nearby detention ponds or other stormwater management system. Provided the perimeter drain is installed and the soil beneath the slab is prepared in accordance with the recommendations in this report, additional sub-slab drains will not be required. 4.2 Structural Fill & Backfill Imported Fill Material: Any imported material placed as structural fill or backfill to restore design grades should consist of clean, relatively well-graded sand or gravel with a maximum particle size of three inches and up to 15 percent of material finer than a #200 sieve. The material should be free of clay lumps, organics, and deleterious material. Any imported structural fill material should be approved by a qualified geotechnical engineer prior to delivery to the site. Soil Reuse: Whitestone anticipates that the lacustrine sand will be suitable for selective reuse as structural fill/backfill material, provided that soil moisture contents are controlled within three percent of optimum moisture level, any particles larger than three inches in diameter are either removed or crushed, and any deleterious material is segregated. Reuse of the site soils will be contingent on careful review in the field by the owner’s geotechnical engineer by visual observation during construction as recommended herein. Compaction and Placement Requirements: Fill and backfill should be placed in loose lifts no more than 12 inches thick when compacted with a vibratory roller compactor weighing at least one ton, and eight inches when compacted with a plate compactor. Fill and backfill should be compacted to 95 percent of the maximum dry density within three percent of the optimum moisture content, as determined by ASTM D1557 (Modified Proctor). WL Enterprises Acquisitions, LLC Preliminary Geotechnical Investigation 3367 South Broadway Saratoga Springs, New York January 9, 2024 Page 7 Environmenta l & Geotechnical Engineers & Consultant s 4.3 Foundation Design Criteria Foundations: Contingent upon construction phase evaluation and thorough surface compaction, Whitestone preliminarily recommends supporting the proposed structures on conventional shallow spread foundations designed to bear on a minimum eight-inch thick layer of minus 0.75-inch crushed stone encapsulated in geotextile separation fabric (Mirafi 140N, or similar) placed over the approved lacustrine sand and/or over controlled structural fill materials that are properly placed and compacted as described herein. The borings did not encounter existing fill. However, existing fill may be encountered between the widely spaced borings. Any existing fill encountered beneath the underside of footing level should be overexcavated and replaced with structural fill. Foundations bearing within these materials may be designed using a maximum net allowable bearing pressure of 4,000 pounds per square foot, provided footing subgrades are thoroughly compacted with a full-sized vibratory roller or a walk-behind, double- drum, vibratory roller. The geotechnical engineer should review foundation subgrades, which should be compacted in the presence of the geotechnical engineer to densify loose upper soils and disturbed soils. Regardless of loading conditions, new foundations should be sized no less than minimum dimensions of 24 inches for continuous wall footings and 36 inches for isolated column footings. A minimum four-inch diameter perforated perimeter drain should be incorporated into the foundation design. The lacustrine sand is easily disturbed by construction activities. The recommended layer of crushed stone encapsulated in geotextile separation fabric will reduce the likelihood of disturbance and provide a working surface for formwork and reinforcing steel placement. Footings subject to lateral loads and/or overturning should be designed so that the maximum toe pressure due to the combined effect of vertical loads and overturning moment do es not exceed the recommended maximum allowable net bearing pressure. In addition, positive contact pressure should be maintained throughout the base of the footings such that no uplift or tension exists between the base of the footings and the supporting soil. Uplift loads should be resisted by the weight of the concrete. Side fri ction should be neglected when proportioning the footings so that lateral resistance should be provided by friction resistance at the base of the footings. An allowable coefficient of friction against sliding of 0.4 is recommended for use in the design of the foundations bearing within the existing site soils or imported structural fill soils. Seismic Site Class: Based on a review of the subsurface conditions relevant to the New York State Building Code, the subject site has been assigned a Site Class D. The shear wave velocities measured by the CPT probes (average 750 feet per second for the sand unit to a depth of 40 fbgs) per ASTM D7400 confirm Site Class D. Whitestone also considers the site soils to generally have an adequate Factor of Safety against earthquake induced liquefaction, provided the ground surface and footing subgrades are thoroughly compacted, as discussed above. Limited thin layers of very loose sand at depth are unlikely to cause loss of bearing in the event of a major earthquake. This Whitestone assessment concurs with the Summit analysis of the site data, which is attached. Inspection/Overexcavation Criteria: Whitestone recommends that the suitability of the bearing soils at the footing bottoms be reviewed by a geotechnical engineer immediately prior to placing concrete for the footings. In the event that areas of unsuitable materials are encountered, additional overexcavation and replacement of the materials may be necessary to provide a suitable footing subgrade. Any overexcavation to be restored with structural fill should extend at least one foot laterally beyond footing edges for each vertical foot of overexcavation. Lateral overexcavation may be eliminated if grades are restored with lean concrete. WL Enterprises Acquisitions, LLC Preliminary Geotechnical Investigation 3367 South Broadway Saratoga Springs, New York January 9, 2024 Page 8 Environmenta l & Geotechnical Engineers & Consultant s Frost Coverage: Foundations subject to frost action should be placed at least 48 inches below adjacent exterior grades, or the depth required by local building codes, to provide protection from frost penetration. Interior foundations not subject to frost action (including during construction) may be placed at a minimum depth of 18 inches below the floor slab subgrade. Settlement: Whitestone estimates post construction settlements of proposed foundations of less than one inch, if the recommendations outlined in this report are properly implemented. Differential settlement of foundations should be less than one half inch. Although CPT data indicates the site is susceptible to liquefaction in the event of an earthquake the existing loose sands may consolidate resulting in settlements greater than one inch following a significant seismic event. 4.4 Floor Slab Whitestone anticipates that the properly inspected, approved, and improved lacustrine sand, and/or compacted structural fill will be suitable for support of the proposed floor slab provided these materials are properly evaluated, compacted, and proofrolled in accordance with the recommendations of this report during favorable weather conditions. Areas that are, or become, softened or disturbed as a result of wetting and/or repeated exposure to construction traffic or contain objectionable materials should be removed and replaced with compacted structural fill. The properly prepared on-site soils are expected to yield a minimum subgrade modulus (k) of 150 psi/in. A minimum 12-inch layer of NYSDOT 733-04 Subbase Course, Type 2 (or approved equivalent) should be placed below the floor slab to provide a uniform granular base. If the floor supports moisture-sensitive covering or equipment, a moisture vapor barrier should also be installed beneath the floor slab in accordance with flooring manufacturer’s recommendations. 4.5 Pavement Design Criteria Whitestone anticipates that the properly inspected, approved, and improved lacustrine sand, and/or compacted structural fill/backfill placed to raise or restore design elevations will be suitable for support of the proposed pavements, provided these materials are properly evaluated, compacted, and proofrolled in accordance with the recommendations of this report during favorable weather conditions. A California Bearing Ratio value of 8.0 has been assigned to the properly prepared subgrade soils for pavement design purposes. This value was correlated with pertinent soil support values and assumed traffic loads to prepare flexible and rigid pavement designs per the AASHTO Guide for the Design of Pavement Structures. Design traffic loads were assumed based on typical volumes for similar facilities and correlated with 18- kip equivalent single axle loads (ESAL) for a 20-year life. Estimated maximum pavement loads of 30,000 ESALs and 75,000 ESALs were used for the standard-duty and heavy-duty pavement areas, respectively. These values assume the pavements primarily will accommodate both automobile and limited heavier truck traffic, with the heavier truck traffic designated to the main drive lanes. Actual loading experienced is anticipated to be less than these values. Pavement components should meet material specifications from NYSDOT Standard Specifications specified below. The recommended flexible pavement sections are tabulated below: WL Enterprises Acquisitions, LLC Preliminary Geotechnical Investigation 3367 South Broadway Saratoga Springs, New York January 9, 2024 Page 9 Environmenta l & Geotechnical Engineers & Consultant s FLEXIBLE PAVEMENT SECTION Layer Material Standard-Duty Thickness (inches) Heavy-Duty Thickness (inches) Asphalt Top Course NYSDOT 12.5 mm F3 Top Course HMA, 70 Series Compaction (Superpave); PG64S-22 1.5 1.5 Asphalt Binder Course NYSDOT 19 mm F9 Binder Course HMA, 70 Series Compaction (Superpave); PG64S-22 1.5 2.5 Granular Subbase NYSDOT 733-04 Type 2 Subbase 12.0 12.0 A rigid concrete pavement should be used to provide suitable support at areas of high traffic or severe turns, such as at the trash enclosure, service access lanes, and ingress/egress locations. The recommended rigid pavement is tabulated below: RIGID PAVEMENT SECTION Layer Material Thickness (inches) Surface 4,000 psi air-entrained concrete 6.0 1 Granular Subbase NYSDOT 733-04 Type 2 Subbase 12.0 1 The outer edges of concrete pavements are susceptible to damage as trucks move from rigid pavement to adjacent flexible pavement. Therefore, the thickness at the outer two feet of the rigid concrete pavement should be 12 inches. The pavement section thickness designs presented in this report are based on the design parameters detailed herein and are contingent on proper construction, inspection, and maintenance. Additional pavement thickness may be required by local code. The designs are contingent on achieving the minimum soil support value in the field. To accomplish this requirement, subgrade soil and supporting fill or backfill must be placed, compacted, and evaluated in accordance with the recommendations of this report. Proper drainage should be provided for the pavement structure, including appropriate grading and surface water control. The performance of the pavement also will depend on the quality of materials and workmanship. Whitestone recommends that NYSDOT standards for materials, workmanship, and maintenance be applied to this site. Project specifications should include verifying that the installed asphaltic concrete material composition is within tolerance for the specified materials and that the percentage of air voids of the installed pavement is within specified ranges for the respective materials. Rigid concrete pavements should be suitably air-entrained, jointed, and reinforced in general accordance with ACI 330R-08 Guide for the Design and Construction of Concrete Parking Lots. 4.6 Retaining Walls/Lateral Earth Pressures The following parameters may be used for design of retaining walls, such as at loading docks, any below- grade walls, and other structures reliant on granular materials to provide adequate drainage. However, the parameters are not directly applicable to the design of mechanically stabilize d earth (MSE) retaining walls, which require proprietary design methods for the selected earth retention system. WL Enterprises Acquisitions, LLC Preliminary Geotechnical Investigation 3367 South Broadway Saratoga Springs, New York January 9, 2024 Page 10 Environmenta l & Geotechnical Engineers & Consultant s Retaining/below-grade walls should be capable of withstanding active and at-rest earth pressures. Backfill soils adjacent to these structures should consist of freely draining granular fill composed primarily of coarse to fine sand. With an active earth pressure coefficient (Ka) of 0.33, level backfill, and an assumed maximum backfill soil unit weight of 140 pounds per cubic foot (pcf), an equ ivalent fluid pressure of 46 psf per foot of wall height should be used in design of retaining/below-grade walls which are free to rotate. Retaining/below-grade walls and wall corners typically are restrained from lateral movement and should be designed using at-rest earth pressures. A coefficient of at-rest earth pressure (Ko) of 0.5, for a level backfill, is recommended for retaining/below-grade walls designed to resist at-rest earth pressures, which assume no lateral movement. With an assumed maximum total unit weight of backfill of approximately 140 pcf, an equivalent fluid pressure of 70 pounds per square foot per foot of wall height should be used in design of restrained retaining/below-grade wall and wall corners. A coefficient of friction of 0.4 against sliding can be used for concrete on the existing site soils. Additional lateral earth pressures from a sloped backfill or any temporary or long-term surcharge loads also should be included in the design. Retaining wall design should include a global stability analysis. Whitestone recommends that granular soils be used to backfill behind retaining walls. The granular backfill materials should consist of clean, relatively well graded sand or gravel with a maximum particle size of three inches and up to 15 percent of material finer than a #200 U.S. Standard sieve. Whitestone recommends that backfill directly behind any walls be compacted with light, hand-held compactors. Heavy compactors and grading equipment should not be allowed to operate within a zone of influence measured at a 45-degree angle from the base of the walls during backfilling to avoid developing excessive temporary or long-term lateral soil pressures. Positive drainage should be provided at the base of the below-grade walls. Where wall drainage is not provided or cannot be relied upon, walls are designed to withstand full hydrostatic pressure. Whitestone should be notified if any other retaining structures or design considerations requiring lateral earth pressure estimations are proposed. Specific recommendations for temporary retaining structures are beyond Whitestone’s scope of work. 4.7 Excavations The site soils encountered during the investigation generally are most consistent with, at least, Type C Soil Conditions as defined by 29 CFR Part 1926 (OSHA) that require a maximum unbraced excavation angle of 1.5:1 (horizontal:vertical). Actual conditions encountered during construction should be evaluated by a competent person (as defined by OSHA), so that safe excavation methods and/or shoring and bracing requirements are implemented. 5.0 SUPPLEMENTAL POST INVESTIGATION SERVICES Construction Inspection and Monitoring: The owner’s geotechnical engineer with specific knowledge of the site subsurface conditions and design intent should conduct inspection, testing, and consultation during construction as described in previous sections of this report. Monitoring and testing should also be performed to confirm that any encountered underground structures are properly backfilled, the existing surface cover materials are properly removed, and suitable materials, used for controlled fill, are properly placed and compacted over suitable subgrade soils. The proofrolling of all subgrades prior to building, floor slab, and pavement support should be witnessed and documented by the owner’s geotechnical engineer. WL Enterprises Acquisitions, LLC Preliminary Geotechnical Investigation 3367 South Broadway Saratoga Springs, New York January 9, 2024 Page 11 Environmenta l & Geotechnical Engineers & Consultant s 6.0 CLOSING Whitestone’s geotechnical division appreciates the opportunity to be of service to WL Enterprises Acquisitions, LLC. Whitestone has the capability to conduct the additional geotechnical engineering services recommended herein. Please contact us at (585) 252-6879 with any questions regarding this report. Sincerely, WHITESTONE Richard W.M. McLaren, P.E. Ryan R. Roy, P.E. Senior Consultant Vice President RWM/th N:\Job Folders\2023\2321159GM\Reports and Submittals\WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 ROGI 1-9-24.doc Enclosures FIGURE 1 Test Location Plan B-1B-2B-3B-4B-5TP-1I-ITP-2I-2TP-3I-3TP-5I-5TP-6I-6TP-7I-7TP-4I-4TP-8I-8CPT-1CPT-2FIGURE:DATE:PROJECT #:SCALE:CLIENT:DESIGNED BY:PROJ. MGR.:PROJECT: DRAWING TITLE:LEGEND BORING LOCATIONREFERENCESUBJECT PROPERTY BOUNDARYB-116 OLD FORGE ROAD, SUITE A, ROCKY HILL, CT 06067 860.726.7889 WHITESTONEASSOC.COMTHIS PLAN IS BASED ON A 10/6/22 PRELIMINARY ARCHITECTURALSITE PLAN, PREPARED BY BERGMEYER.1" = 80'12/21/231RRMRGM2321159.Y00TEST LOCATION PLAN WL ENTERPRISES ACQUISITIONS, LLC c/o SNYDER, KILEY, TOOHEY, CORBETT & COX, LLP PRELIMINARY GEOTECHNICAL INVESTIGATION & STORMWATER MANAGEMENT AREA EVALUATION 3376 SOUTH BROADWAY TAX MAP NO.: 178.-2-15 SARATOGA SPRINGS, SARATOGA COUNTY, NEW YORKNOTE: ALL LOCATIONS ARE APPROXIMATE.WHITESTONE TEST PIT LOCATIONTP-1 INFILTRATION TESTI-1CPT-1CONE PENETRATION TEST APPENDIX A Records of Subsurface Exploration 1 1 Project: Location: Surface Elevation:±|| Termination Depth:Date Completed:|| Proposed Location:|299.0 At Completion:|-- --| |--24 Hours: --| No Type 0.0 5.0 10.0 15.0 16.0 20.0 25.0 GLACIAL LACUSTRINE SAND 20 - 20.7 S-8 51 -40/2"7 - 10 - 12 S-6 16 6 2016-40/ 5" As Above, Medium Dense (SP-SM) Brown, Dense, Silty Sand with Gravel (SM) 0 - 2 S-1 3 1 -- ---2 - 4 WOH /12" 2 1 As Above, Very Dense Boring B-1 Terminated at a Depth of 20.7 Feet Below Ground Surface. TILL TS 6" Topsoil 18" Subsoil, Roots Brown, Very Loose, Poorly Graded Sand with Silt (SP-SM) SUBSOIL -- -- SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKSDepth (feet)Blows Per 6" Rec. (in.)N (feet)(Classification) Equipment:Geoprobe 7822DT 24 Hours: --Drill / Test Method:HSA / SPT (Autohammer)Contractor:CC -- Building Logged By:OR During:6.0 At Completion: (ft NAVD88) 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC 305.0 feet Above NAVD88 Date Started:11/8/2023 Water Depth Elevation Cave-In Depth Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 RECORD OF Boring No.: B-1 SUBSURFACE EXPLORATION Page of Elevation 20.7 feet bgs 11/8/2023 (feet bgs)(ft NAVD88)(feet bgs) As Above, Loose (SP-SM) As Above, Very Loose to Loose (SP-SM) As Above, Loose (SP-SM) As Above (SP-SM) - 5 2415 - 17 S-7 10 -4 6 -8 - 2 -- --- - 4 - 6 6 - 8 8 - 10 S-5 S-4 S-3 S-2 --- 3 1 17 2 3 - 2 28 7 4 3 4 3 2 1 3 2 3 3 2 2 3 15 20 18 NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Boring Logs 11-8-23 12/22/2023 1 1 Project: Location: Surface Elevation:±|| Termination Depth:Date Completed:|| Proposed Location:|299.0 At Completion:|-- --| |--24 Hours: --| No Type 0.0 5.0 10.0 15.0 20.0 25.0 20 - 22 S-6 2 3 8 9 12 11 Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 RECORD OF Boring No.: B-2 SUBSURFACE EXPLORATION Page of Elevation 22.0 feet bgs 11/8/2023 (feet bgs)(ft NAVD88)(feet bgs)(ft NAVD88) 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC 305.0 feet Above NAVD88 Date Started:11/8/2023 Water Depth Elevation Cave-In Depth Drill / Test Method:HSA / SPT (Autohammer)Contractor:CC --At Completion: -- Building Logged By:OR During:6.0 --Equipment:Geoprobe 7822DT 24 Hours: -- SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKSDepth (feet)Blows Per 6" Rec. (in.)N (feet)(Classification) 0 - 2 S-1 11 10 19 1928 TS 12" Topsoil 2 - 4 S-2 3 3 4 5 13 7 Brown, Loose, Poorly Graded Sand with Silt (SP-SM) 3 2 SUBSOIL 18" Subsoil, Roots 8 - 10 S-4 1 45 - 7 S-3 3 As Above, Very Loose (SP-SM)1 22 1 15 - 17 S-5 1 1 16 2 As Above, Medium Dense (SP-SM) Boring B-2 Terminated at a Depth of 22.0 Feet Below Ground Surface. LACUSTRINE As Above (SP-SM)17 5 1/12" 1 1 SAND As Above (SP-SM) NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Boring Logs 11-8-23 12/22/2023 1 1 Project: Location: Surface Elevation:±|| Termination Depth:Date Completed:|| Proposed Location:|299.0 At Completion:|-- --| |--24 Hours: --| No Type 0.0 5.0 10.0 15.0 20.0 25.0 SAND 20 - 22 S-6 7 8 16 21 15 24 8 2 16 22 Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 RECORD OF Boring No.: B-3 SUBSURFACE EXPLORATION Page of Elevation 22.0 feet bgs 11/8/2023 (feet bgs)(ft NAVD88)(feet bgs)(ft NAVD88) 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC 305.0 feet Above NAVD88 Date Started:11/8/2023 Water Depth Elevation Cave-In Depth Drill / Test Method:HSA / SPT (Autohammer)Contractor:CC --At Completion: -- Building Logged By:OR During:6.0 --Equipment:Geoprobe 7822DT 24 Hours: -- SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKSDepth (feet)Blows Per 6" Rec. (in.)N (feet)(Classification) 0 - 2 S-1 2 2 SUBSOIL 21" Subsoil, Roots 3 2 24 5 TS 9" Topsoil 2 17 32 - 4 S-2 2 2 1 Brown, Very Loose, Poorly Graded Sand with Silt (SP-SM) 3 As Above (SP-SM)5 - 7 S-3 2 2 1 2 16 8 - 10 S-4 2 2 24 4 As Above, Very Loose to Loose (SP-SM) LACUSTRINE 15 - 17 S-5 4 14 As Above, Medium Dense (SP-SM) As Above (SP-SM) Boring B-3 Terminated at a Depth of 22.0 Feet Below Ground Surface. 2 2 NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Boring Logs 11-8-23 12/22/2023 1 1 Project: Location: Surface Elevation:±|| Termination Depth:Date Completed:|| Proposed Location:|299.5 At Completion:|-- --| |--24 Hours: --| No Type 0.0 5.0 10.0 15.0 20.0 21.0 25.0 Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 RECORD OF Boring No.: B-4 SUBSURFACE EXPLORATION Page of Elevation 22.0 feet bgs 11/8/2023 (feet bgs)(ft NAVD88)(feet bgs)(ft NAVD88) 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC 305.0 feet Above NAVD88 Date Started:11/8/2023 Water Depth Elevation Cave-In Depth Drill / Test Method:HSA / SPT (Autohammer)Contractor:CC --At Completion: -- Building Logged By:OR During:5.5 --Equipment:Geoprobe 7822DT 24 Hours: -- SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKSDepth (feet)Blows Per 6" Rec. (in.)N (feet)(Classification) 0 - 2 S-1 1 2 2 2 15 4 TS 9" Topsoil 2 10 52 - 4 S-2 2 3 2 Brown, Loose, Poorly Graded Sand with Silt (SP-SM) 6 As Above (SP-SM)5 - 7 S-3 3 3 3 3 16 8 - 10 S-4 3 1 2 1 14 10 - 12 S-5 1 1 3 As Above, Very Loose (SP-SM) SAND LACUSTRINE As Above (SP-SM)16 1 15 - 17 S-5 6 11 8 7 18 19 As Above, Medium Dense (SP-SM) 20 - 22 S-6 7 9 29 44 12 38 As Above (SP-SM) GLACIAL Brown, Very Dense, Silty Sand with Gravel (SM) TILL Boring B-4 Terminated at a Depth of 22.0 Feet Below Ground Surface. SUBSOIL 15" Subsoil, Roots 1/12" NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Boring Logs 11-8-23 12/22/2023 1 1 Project: Location: Surface Elevation:±|| Termination Depth:Date Completed:|| Proposed Location:|300.0 At Completion:|-- --| |--24 Hours: --| No Type 0.0 5.0 10.0 15.0 15 - 15.7 S-5 16 -0 - 20.0 25.0 LACUSTRINE SAND Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 Cave-In Depth Drill / Test Method:HSA / SPT (Autohammer)Contractor:CC --At Completion: -- Building Logged By:OR During:5.0 RECORD OF Boring No.: B-5 SUBSURFACE EXPLORATION Page of Elevation 15.7 feet bgs 11/8/2023 (feet bgs)(ft NAVD88)(feet bgs)(ft NAVD88) 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC 305.0 feet Above NAVD88 Date Started:11/8/2023 Water Depth Elevation --Equipment:Geoprobe 7822DT 24 Hours: -- SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKSDepth (feet)Blows Per 6" Rec. (in.)N (feet)(Classification) 0 - 2 S-1 2 2 SUBSOIL 12" Subsoil, Roots 3 2 20 5 TS 9" Topsoil 1 18 22 - 4 S-2 2 1 1 Brown, Very Loose, Poorly Graded Sand with Silt (SP-SM) As Above (SP-SM)5 - 7 S-3 1 1 18 11/12" 8 - 10 S-4 4 1 1 1 14 2 As Above (SP-SM) 40/2" Boring B-5 Terminated at a Depth of 15.7 Feet Below Ground Surface. No Recovery NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Boring Logs 11-8-23 12/22/2023 TP-1 of 1 Project: Location: Surface Elevation:±305.0 feet NAVD88 || Termination Depth:7.5 || Proposed Location:Logged By:|-- Contractor:At Completion:|----| Rig Type:|-- Depth (ft.)Type 0.0 5.0 10.0 15.0 5.5 1 Grab RECORD OF Test Pit No.: SUBSURFACE EXPLORATION Page 1 Date Started:11/9/2023 Water Depth Elevation Cave-In Depth Elevation Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC (ft NAVD88) SWM Area OR During: -- feet bgs Date Completed:11/9/2023 (feet bgs)(ft NAVD88)(feet bgs) Test Method:Visual Observation Caterpillar 308E 24 Hours: -- Excavating Method:Midi Excavator JD --At Completion:-- SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKS Number (feet)(Classification) TOPSOIL 9" Topsoil SUBSOIL 24" Subsoil, Roots LACUSTRINE Brown, Poorly Graded Sand with Silt (SP-SM) SAND Test Pit TP-1 Terminated at Depth of 7.5 Feet Below Ground Surface. Infiltration Test in Adjacent Augered Hole @ 7.3 fbgs NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Test Pit Logs 11-9-23 12/22/2023 TP-2 of 1 Project: Location: Surface Elevation:±305.0 feet NAVD88 || Termination Depth:7.0 || Proposed Location:Logged By:|300.0 Contractor:At Completion:|----| Rig Type:|-- Depth (ft.)Type 0.0 5.0 10.0 15.0 5.5 2 Grab Test Pit TP-2 Terminated at Depth of 7.0 Feet Below Ground Surface. LACUSTRINE Brown, Poorly Graded Sand with Silt (SP-SM) SAND 1 Grab3.5 Infiltration Test in Adjacent Augered Hole @ 3.7 fbgs TOPSOIL 12" Topsoil SUBSOIL 12" Subsoil, Roots (feet)(Classification) SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKS Number Test Method:Visual Observation Caterpillar 308E 24 Hours: -- Excavating Method:Midi Excavator JD --At Completion:-- (ft NAVD88) SWM Area OR During:5.0 feet bgs Date Completed:11/9/2023 (feet bgs)(ft NAVD88)(feet bgs) RECORD OF Test Pit No.: SUBSURFACE EXPLORATION Page 1 Date Started:11/9/2023 Water Depth Elevation Cave-In Depth Elevation Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Test Pit Logs 11-9-23 12/22/2023 TP-3 of 1 Project: Location: Surface Elevation:±305.0 feet NAVD88 || Termination Depth:5.0 || Proposed Location:Logged By:|-- Contractor:At Completion:|--5.0 | Rig Type:|-- Depth (ft.)Type 0.0 5.0 10.0 15.0 Infiltration Test in Adjacent Augered Hole @ 5 fbgs SAND Test Pit TP-3 Terminated at Depth of 5.0 Feet Below Ground Surface. SUBSOIL 15" Subsoil, Roots LACUSTRINE Brown, Poorly Graded Sand with Silt (SP-SM) TOPSOIL 9" Topsoil (feet)(Classification) SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKS Number Test Method:Visual Observation Caterpillar 308E 24 Hours: -- Excavating Method:Compact Excavator JD --At Completion:300.0 (ft NAVD88) SWM Area OR During: -- feet bgs Date Completed:11/9/2023 (feet bgs)(ft NAVD88)(feet bgs) RECORD OF Test Pit No.: SUBSURFACE EXPLORATION Page 1 Date Started:11/9/2023 Water Depth Elevation Cave-In Depth Elevation Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Test Pit Logs 11-9-23 12/22/2023 TP-4 of 1 Project: Location: Surface Elevation:±305.0 feet NAVD88 || Termination Depth:5.0 || Proposed Location:Logged By:|-- Contractor:At Completion:|--5.0 | Rig Type:|-- Depth (ft.)Type 0.0 5.0 10.0 15.0 Infiltration Test in Adjacent Augered Hole @ 4.6 fbgs SAND Test Pit TP-4 Terminated at Depth of 5.0 Feet Below Ground Surface. SUBSOIL 21" Subsoil, Roots LACUSTRINE Brown, Poorly Graded Sand with Silt (SP-SM) TOPSOIL 3" Topsoil (feet)(Classification) SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKS Number Test Method:Visual Observation Caterpillar 308E 24 Hours: -- Excavating Method:Compact Excavator JD --At Completion:300.0 (ft NAVD88) SWM Area OR During: -- feet bgs Date Completed:11/9/2023 (feet bgs)(ft NAVD88)(feet bgs) RECORD OF Test Pit No.: SUBSURFACE EXPLORATION Page 1 Date Started:11/9/2023 Water Depth Elevation Cave-In Depth Elevation Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Test Pit Logs 11-9-23 12/22/2023 TP-5 of 1 Project: Location: Surface Elevation:±305.0 feet NAVD88 || Termination Depth:9.0 || Proposed Location:Logged By:|-- Contractor:At Completion:|297.3 --| Rig Type:|-- Depth (ft.)Type 0.0 5.0 10.0 15.0 7.5 1 Grab Test Pit TP-5 Terminated at Depth of 9.0 Feet Below Ground Surface. Infiltration Test in Adjacent Augered Hole @ 8.7 fbgs SAND LACUSTRINE Brown, Poorly Graded Sand with Silt (SP-SM) SUBSOIL 18" Subsoil, Roots TOPSOIL 12" Topsoil (feet)(Classification) SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKS Number Test Method:Visual Observation Caterpillar 308E 24 Hours: -- Excavating Method:Compact Excavator JD 7.7 At Completion:-- (ft NAVD88) SWM Area OR During: -- feet bgs Date Completed:11/9/2023 (feet bgs)(ft NAVD88)(feet bgs) RECORD OF Test Pit No.: SUBSURFACE EXPLORATION Page 1 Date Started:11/9/2023 Water Depth Elevation Cave-In Depth Elevation Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Test Pit Logs 11-9-23 12/22/2023 TP-6 of 1 Project: Location: Surface Elevation:±305.0 feet NAVD88 || Termination Depth:7.5 || Proposed Location:Logged By:|299.0 Contractor:At Completion:|299.7 --| Rig Type:|-- Depth (ft.)Type 0.0 5.0 10.0 15.0 2.5 1 Grab Augered Hole @ 7.2 fbgs Test Pit TP-6 Terminated at Depth of 7.5 Feet Below Ground Surface. Infiltration Test in Adjacent LACUSTRINE SAND Brown, Poorly Graded Sand with Silt (SP-SM) SUBSOIL 12" Subsoil, Roots TOPSOIL 12" Topsoil (feet)(Classification) SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKS Number Test Method:Visual Observation Caterpillar 308E 24 Hours: -- Excavating Method:Midi Excavator JD 5.3 At Completion:-- (ft NAVD88) SWM Area OR During:6.0 feet bgs Date Completed:11/9/2023 (feet bgs)(ft NAVD88)(feet bgs) RECORD OF Test Pit No.: SUBSURFACE EXPLORATION Page 1 Date Started:11/9/2023 Water Depth Elevation Cave-In Depth Elevation Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Test Pit Logs 11-9-23 12/22/2023 TP-7 of 1 Project: Location: Surface Elevation:±305.0 feet NAVD88 || Termination Depth:7.0 || Proposed Location:Logged By:|300.0 Contractor:At Completion:|300.5 Rig Type:|-- Depth (ft.)Type 0.0 5.0 10.0 15.0 5 1 Grab Test Pit TP-7 Terminated at Depth of 7.0 Feet Below Ground Surface. Infiltration Test in Adjacent Augered Hole @ 6.7 fbgs LACUSTRINE Brown, Poorly Graded Sand with Silt (SP-SM) SAND SUBSOIL 18" Subsoil, Roots TOPSOIL 6" Topsoil (feet)(Classification) SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKS Number Test Method:Visual Observation Caterpillar 308E 24 Hours: -- Excavating Method:Compact Excavator JD 4.5 At Completion:-- -- (ft NAVD88) SWM Area OR During:5.0 feet bgs Date Completed:11/9/2023 (feet bgs)(ft NAVD88)(feet bgs) RECORD OF Test Pit No.: SUBSURFACE EXPLORATION Page 1 Date Started:11/9/2023 Water Depth Elevation Cave-In Depth Elevation Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Test Pit Logs 11-9-23 12/22/2023 TP-8 of 1 Project: Location: Surface Elevation:±305.0 feet NAVD88 || Termination Depth:7.0 || Proposed Location:Logged By:|299.0 Contractor:At Completion:|299.8 Rig Type:|-- Depth (ft.)Type 0.0 5.0 10.0 15.0 Infiltration Test in Adjacent Augered Hole @ 6.5 fbgs Test Pit TP-8 Terminated at Depth of 7.0 Feet Below Ground Surface. LACUSTRINE Brown, Poorly Graded Sand with Silt (SP-SM) SAND 3.5 1 Grab SUBSOIL 27" Subsoil, Roots TOPSOIL 9" Topsoil (feet)(Classification) SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKS Number -- Test Method:Visual Observation Caterpillar 308E 24 Hours: -- Excavating Method:Compact Excavator JD 5.2 At Completion: -- (ft NAVD88) SWM Area OR During:6.0 feet bgs Date Completed:11/9/2023 (feet bgs)(ft NAVD88)(feet bgs) RECORD OF Test Pit No.: SUBSURFACE EXPLORATION Page 1 Date Started:11/9/2023 Water Depth Elevation Cave-In Depth Elevation Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Test Pit Logs 11-9-23 12/22/2023 CPT Data Report 1 210 Maine Avenue Farmingdale, Maine 04344 | PO Box 515 Gardiner, Maine 04345 (Corporate) 64 Augusta Road Washington, Maine 04574 (Drilling Operations) www.summitgeoeng.com December 20, 2023 Summit #23337 Attn: Wendell "Wally" A. Shedd Whitestone Associates, Inc. 352 Turnpike Road, Suite 105 Southborough, MA 01772 Reference: Geotechnical Exploration Services Cone Penetration Testing – 3376 South Broadway, Saratoga Springs, NY Dear Mr. Shedd; Summit Geoengineering Services (SGS) has completed explorations for site development at 3376 South Broadway in Saratoga Springs, New York. This data report summarizes the results of the seismic piezocone penetration testing (SCPTu). Work Description At the request of Whitestone Associates, SGS was asked to perform 2 seismic piezocone penetration tests (SCPTu) to a depth of 100 feet or push refusal. The SCPTu explorations were pre-marked and cleared of utilities by Whitestone Associates. SGS performed 2 SCPTu explorations on December 19, 2023. CPTu was performed in accordance with ASTM D5778. Shear wave velocity was performed in accordance with ASTM D7400. SCPTu was advanced using a track mounted PowerProbe 9500 VTR with Vertek digital cone. Performance of Seismic Cone Penetration Test (SCPTu) CPT Data Report 2 210 Maine Avenue Farmingdale, Maine 04344 | PO Box 515 Gardiner, Maine 04345 (Corporate) 64 Augusta Road Washington, Maine 04574 (Drilling Operations) www.summitgeoeng.com SCPTu was conducted using a dual anchor with start of test at ground surface. Parameters obtained include cone resistance (qc), sleeve friction (fs), piezocone pore pressure (u2), and shear wave velocity (Vs). An exploration location plan and SCPTu output logs are attached to the end of this data report. Excel output files are also provided in separate deliverable. Push refusal within dense strata was encountered at a depth of 43 feet below ground surface (BGS). Groundwater depth was measured within open SCPTu boreholes upon completion using a water level meter. Water level ranged from 3.3 to 3.6 feet BGS. Equilibrium pore pressure was measured by dissipation tests to estimate phreatic surface. Results are presented below: PHREATIC DISSIPATION TEST SUMMARY MEASURED Location Test Depth (ft) Phreatic Surface (ft) Groundwater Depth (ft) CPT-1 17.8 2.5 3.6 CPT-1 43.6 3.6 CPT-2 14.5 2.6 3.3 CPT-2 43.1 4.7 Cross Sectional Area = 10 cm2, Pore Pressure Location = U2 Soil Behavior Type Soil behavior type profiling is based on normalized cone penetration resistance (Robertson 1990). The subsurface conditions based on results of the cone penetration test predominately of type 6 (clean sand to silty sand). Details of the profiling is shown on the attached SCPTu logs. Shear Wave Velocity Shear wave velocity tests were conducted at SCPTu rod break intervals using strike plates. Performance of Shear Wave Velocity CPT Data Report 3 210 Maine Avenue Farmingdale, Maine 04344 | PO Box 515 Gardiner, Maine 04345 (Corporate) 64 Augusta Road Washington, Maine 04574 (Drilling Operations) www.summitgeoeng.com Results of the shear wave velocity tests are provided on the graph below: The average shear wave velocity (Vs) is 750 ft/s for the soil profile from 0 to 40 ft BGS. Increased shear wave velocity of 2,900 ft/s was encountered at the end of push at dense strata or refusal. Closure SGS appreciates the opportunity to serve you during this phase of your project. If there are any questions or additional information is required, please do not hesitate to call. Sincerely yours, Summit Geoengineering Services Craig W. Coolidge, P.E. Vice President Principal Engineer Attachments: EXPLORATION LOCATION PLAN, CPT LOGS, SHEAR WAVE RESULTS 0 10 20 30 40 50 0 500 1000 1500 2000 2500 3000Depth (ft)Velocity (ft/s) Shear Wave Velocity (Vs) CPT-1 CPT-2 GEOENGINEERING SERVICESSUMMIT CPT Exploration Key 210 Maine Avenue Farmingdale, Maine 04344 | PO Box 515 Gardiner, Maine 04345 (Corporate) 64 Augusta Road Washington, Maine 04574 (Drilling Operations) www.summitgeoeng.com CPT EXPLORATION COVER SHEET Piezocone penetration test (CPT) is performed by a cone on the end of a series of rods pushed into the ground at a constant rate (2 cm/s) to obtain near continuous measurements of soil parameters. Parameters obtained during the CPT test include cone tip resistance, sleeve friction, and piezocone pore pressure per ASTM D5778 and shear wave velocity per ASTM D7400. These parameters are presented graphically on the CPT log. CPT Data Symbols: qc = Tip Resistance u2 = Pore Pressure qt = Total Resistance fs = Sleeve Friction vs = Shear Wave Velocity ch = Coefficient of Consolidation Soil Behavior Type: Soil behavior type is interpreted from CPT data as one of 9 soil behavior types published by Robertson et al. 1990, shown below. Each soil behavior type (SBT) is assigned a color which correlates to the SBT plot on the CPT log. CPT-1COMPANY: Summit Geoengineering ServicesOPERATOR: S. FloydCREW: E.Stewart, P.ECLIENT: WhitestoneCLIENT REP: Oliver RogersTEST DATE: Tue 19/Dec/2023TEST ID: CPT-1PROJECT: 23337SITE: 3376 South BroadwayLOCATION: Saratoga Springs, NYTOTAL DEPTH: 43.853 ftPROBE ID: 4544.104XX Depth(ft)Tip COR(psi)FINAL BASELINE: -1.84 (psi)03500051015202530354045Sleeve Stress(psi)FINAL BASELINE: 0.2685 (psi)050Pore Pressure(psi) WT: 3.60(ft)FINAL BASELINE: -3.219 (psi)090Seismic Velocity(ft/s)03000Class. FR(Rob. 1990) 1 Sensitive, fine grained 2 Organic soils - peats 3 Clays - clay to silty clay 4 Silt mixtures - clayey silt to silty clay 5 Sand mixtures - silty sand to sandy silt 6 Sands - clean sand to silty sand 7 Gravelly sand to sand 8 Very stiff sand to clayey sand ** 9 Very stiff, fine grained ** *SBT: Robertson 1990; **Overconsolidated or Cemented; *SBT/SPT CORRELATION: UBC-198309Class. PP(Rob. 1990) 1 Sensitive, fine grained 2 Organic soils - peats 3 Clays - clay to silty clay 4 Silt mixtures - clayey silt to silty clay 5 Sand mixtures - silty sand to sandy silt 6 Sands - clean sand to silty sand 7 Gravelly sand to sand 8 Very stiff sand to clayey sand ** 9 Very stiff, fine grained ** *SBT: Robertson 1990; **Overconsolidated or Cemented; *SBT/SPT CORRELATION: UBC-198309REMARKSGroundwater @ 3.6 ftDissipation Test @ 17.8 ftPressure Head @ 2.5 ftDissipation Test @ 43.6 ftDissipation Head @ 3.6 ftAnchor Failure @ 43.9 ft TEST ID: CPT-1 Depth 4.40ft Ref* Arrival 37.04mS Velocity* Depth 7.81ft Ref 4.40ft Arrival 40.56mS Velocity 747.40ft/S Depth 11.09ft Ref 7.81ft Arrival 49.40mS Velocity 328.32ft/S Depth 14.40ft Ref 11.09ft Arrival 51.64mS Velocity 1378.68ft/S Depth 17.81ft Ref 14.40ft Arrival 58.24mS Velocity 494.21ft/S Depth 21.03ft Ref 17.81ft Arrival 61.28mS Velocity 1025.04ft/S Depth 24.34ft Ref 21.03ft Arrival 66.08mS Velocity 674.58ft/S Depth 27.69ft Ref 24.34ft Arrival 71.16mS Velocity 647.23ft/S Depth 31.00ft Ref 27.69ft Arrival 75.88mS Velocity 692.35ft/S Depth 34.32ft Ref 31.00ft Arrival 79.96mS Velocity 803.08ft/S Depth 37.70ft Ref 34.32ft Arrival 84.32mS Velocity 767.91ft/S Depth 40.91ft Ref 37.70ft Arrival 88.40mS Velocity 781.93ft/S 0 50 100 150 200 250 300 Depth 43.64ft Ref 40.91ft Arrival 89.32mS Velocity 2940.02ft/S Time (mS) Hammer to Rod String Distance (ft): 4.92 * = Not Determined PROBE ID: 4544.104XX CPT-2COMPANY: Summit Geoengineering ServicesOPERATOR: S. FloydCREW: E.Stewart, P.ECLIENT: WhitestoneCLIENT REP: Oliver RogersTEST DATE: Tue 19/Dec/2023TEST ID: CPT-2PROJECT: 23337SITE: 3376 South BroadwayLOCATION: Saratoga Springs, NYTOTAL DEPTH: 43.183 ftPROBE ID: 4544.104XX Depth(ft)Tip COR(psi)FINAL BASELINE: -3.68 (psi)03500051015202530354045Sleeve Stress(psi)FINAL BASELINE: -0.3424 (psi)035Pore Pressure(psi) WT: 3.30(ft)FINAL BASELINE: -2.053 (psi)025Seismic Velocity(ft/s)03000Class. FR(Rob. 1990) 1 Sensitive, fine grained 2 Organic soils - peats 3 Clays - clay to silty clay 4 Silt mixtures - clayey silt to silty clay 5 Sand mixtures - silty sand to sandy silt 6 Sands - clean sand to silty sand 7 Gravelly sand to sand 8 Very stiff sand to clayey sand ** 9 Very stiff, fine grained ** *SBT: Robertson 1990; **Overconsolidated or Cemented; *SBT/SPT CORRELATION: UBC-198309Class. PP(Rob. 1990) 1 Sensitive, fine grained 2 Organic soils - peats 3 Clays - clay to silty clay 4 Silt mixtures - clayey silt to silty clay 5 Sand mixtures - silty sand to sandy silt 6 Sands - clean sand to silty sand 7 Gravelly sand to sand 8 Very stiff sand to clayey sand ** 9 Very stiff, fine grained ** *SBT: Robertson 1990; **Overconsolidated or Cemented; *SBT/SPT CORRELATION: UBC-198309REMARKSGroundwater @ 3.3 ftDissipation Test @ 14.5 ftPressure Head @ 2.6 ftDissipation Test @ 43.1 ftPressure Head @ 4.7 ftAnchor Failure @ 43.2 ft TEST ID: CPT-2 Depth 4.40ft Ref* Arrival 28.76mS Velocity* Depth 7.78ft Ref 4.40ft Arrival 34.32mS Velocity 468.19ft/S Depth 10.99ft Ref 7.78ft Arrival 41.08mS Velocity 420.15ft/S Depth 14.44ft Ref 10.99ft Arrival 46.28mS Velocity 617.15ft/S Depth 17.78ft Ref 14.44ft Arrival 50.92mS Velocity 689.46ft/S Depth 21.16ft Ref 17.78ft Arrival 56.80mS Velocity 557.07ft/S Depth 24.57ft Ref 21.16ft Arrival 61.16mS Velocity 764.98ft/S Depth 27.85ft Ref 24.57ft Arrival 62.80mS Velocity 1966.04ft/S Depth 31.20ft Ref 27.85ft Arrival 69.56mS Velocity 488.28ft/S Depth 34.58ft Ref 31.20ft Arrival 74.52mS Velocity 673.78ft/S Depth 37.93ft Ref 34.58ft Arrival 78.36mS Velocity 863.54ft/S Depth 41.27ft Ref 37.93ft Arrival 82.84mS Velocity 741.27ft/S 0 50 100 150 200 250 300 Depth 43.01ft Ref 41.27ft Arrival 83.44mS Velocity 2878.51ft/S Time (mS) Hammer to Rod String Distance (ft): 4.92 * = Not Determined PROBE ID: 4544.104XX APPENDIX B Laboratory Test Results MM RWM PL= LL= PI= D90= D85= D60= D50= D30= D15= D10= Cu= Cc= USCS= AASHTO= * 0 10 20 30 40 50 60 70 80 90 100 GRAIN SIZE - mm. 0.0010.010.1110100 MM RWM PL= LL= PI= D90= D85= D60= D50= D30= D15= D10= Cu= Cc= USCS= AASHTO= * 0 10 20 30 40 50 60 70 80 90 100 GRAIN SIZE - mm. 0.0010.010.1110100 APPENDIX C Supplemental Information (USCS, Terms & Symbols) Office Locations: NEW JERSEY PENNSYLVANIA MASSACHUSETTS CONNECTICUT FLORIDA NEW HAMPSHIRE NEW YORK 500 CANAL VIEW BOULEVARD SUITE 700 ROCHESTER, NY 14623 585.252.6879 whitestoneassoc.com UNIFIED SOIL CLASSIFICATION SYSTEM SOIL CLASSIFICATION CHART MAJOR DIVISIONS LETTER SYMBOL TYPICAL DESCRIPTIONS COARSE GRAINED SOILS MORE THAN 50% OF MATERIAL IS LARGER THAN NO. 200 SIEVE SIZE GRAVEL AND GRAVELLY SOILS MORE THAN 50% OF COARSE FRACTION RETAINED ON NO. 4 SIEVE CLEAN GRAVELS (LITTLE OR NO FINES) GW WELL-GRADED GRAVELS, GRAVEL-SAND MIXTURES, LITTLE OR NO FINES GP POORLY-GRADED GRAVELS, GRAVEL- SAND MIXTURES, LITTLE OR NO FINES GRAVELS WITH FINES (APPRECIABLE AMOUNT OF FINES) GM SILTY GRAVELS, GRAVEL-SAND-SILT MIXTURES GC CLAYEY GRAVELS, GRAVEL-SAND-CLAY MIXTURES SAND AND SANDY SOILS MORE THAN 50% OF COARSE FRACTION PASSING NO. 4 SIEVE CLEAN SAND (LITTLE OR NO FINES) SW WELL-GRADED SANDS, GRAVELLY SANDS, LITTLE OR NO FINES SP POORLY-GRADED SANDS, GRAVELLY SANDS, LITTLE OR NO FINES SANDS WITH FINES (APPRECIABLE AMOUNT OF FINES) SM SILTY SANDS, SAND-SILT MIXTURES SC CLAYEY SANDS, SAND-CLAY MIXTURES FINE GRAINED SOILS MORE THAN 50% OF MATERIAL IS SMALLER THAN NO. 200 SIEVE SIZE SILTS AND CLAYS LIQUID LIMITS LESS THAN 50 ML INORGANIC SILTS AND VERY FINE SANDS, ROCK FLOUR, SILTY OR CLAYEY FINE SANDS OR CLAYEY SILTS WITH SLIGHT PLASTICITY CL INORGANIC CLAYS OF LOW TO MEDIUM PLASTICITY, GRAVELLY CLAYS, SANDY CLAYS, SILTY CLAYS, LEAN CLAYS OL ORGANIC SILTS AND ORGANIC SILTY CLAYS OF LOW PLASTICITY SILTS AND CLAYS LIQUID LIMITS GREATER THAN 50 MH INORGANIC SILTS, MICACEOUS OR DIATOMACEOUS FINE SAND OR SILTY SOILS CH INORGANIC CLAYS OF HIGH PLASTICITY, FAT CLAYS OH ORGANIC CLAYS OF MEDIUM TO HIGH PLASTICITY, ORGANIC SILTS HIGHLY ORGANIC SOILS PT PEAT, HUMUS, SWAMP SOILS WITH HIGH ORGANIC CONTENTS NOTE: DUAL SYMBOLS ARE USED TO INDICATE BORDERLINE SOIL CLASSIFICATIONS FOR SAMPLES WITH 5% TO 12% FINES GRADATION* COMPACTNESS* Sand and/or Gravel CONSISTENCY* Clay and/or Silt % FINER BY WEIGHT RELATIVE DENSITY RANGE OF SHEARING STRENGTH IN POUNDS PER SQUARE FOOT TRACE........... 1% TO 10% LITTLE.......... 10% TO 20% SOME............ 20% TO 35% AND............... 35% TO 50% LOOSE. .................. 0% TO 40% MEDIUM DENSE.... 40% TO 70% DENSE................... 70% TO 90% VERY DENSE........ 90% TO 100% VERY SOFT....... LESS THAN 250 SOFT.................... ..... 250 TO 500 MEDIUM................... 500 TO 1000 STIFF..................... 1000 TO 2000 VERY STIFF.......... 2000 TO 4000 HARD...... GREATER THAN 4000 * VALUES ARE FROM LABORATORY OR FIELD TEST DATA, WHERE APPLICABLE. WHEN NO TESTING WAS PERFORMED, VALUES ARE ESTIMATED. L:\Geotechnical Forms and References\Reports\USCSTRMSSYM - Rochester.docx Office Locations: NEW JERSEY PENNSYLVANIA MASSACHUSETTS CONNECTICUT FLORIDA NEW HAMPSHIRE NEW YORK 500 CANAL VIEW BOULEVARD SUITE 700 ROCHESTER, NY 14623 585.252.6879 whitestoneassoc.com GEOTECHNICAL TERMS AND SYMBOLS SAMPLE IDENTIFICATION The Unified Soil Classification System is used to identify the soil unless otherwise noted. SOIL PROPERTY SYMBOLS N: Standard Penetration Value: Blows per ft. of a 140 lb. hammer falling 30" on a 2" O.D. split -spoon. Qu: Unconfined compressive strength, TSF. Qp: Penetrometer value, unconfined compressive strength, TSF. Mc: Moisture content, %. LL: Liquid limit, %. PI: Plasticity index, %. δd: Natural dry density, PCF. ▾: Apparent groundwater level at time noted after completion of boring. DRILLING AND SAMPLING SYMBOLS NE: Not Encountered (Groundwater was not encountered). SS: Split-Spoon - 1 ⅜” I.D., 2" O.D., except where noted. ST: Shelby Tube - 3” O.D., except where noted. AU: Auger Sample. OB: Diamond Bit. CB: Carbide Bit WS: Washed Sample. RELATIVE DENSITY AND CONSISTENCY CLASSIFICATION Term (Non-Cohesive Soils) Standard Penetration Resistance Very Loose 0-4 Loose 4-10 Medium Dense 10-30 Dense 30-50 Very Dense Over 50 Term (Cohesive Soils) Qu (TSF) Very Soft 0 - 0.25 Soft 0.25 - 0.50 Firm (Medium) 0.50 - 1.00 Stiff 1.00 - 2.00 Very Stiff 2.00 - 4.00 Hard 4.00+ PARTICLE SIZE Boulders 8 in.+ Coarse Sand 5mm-0.6mm Silt 0.074mm-0.005mm Cobbles 8 in.-3 in. Medium Sand 0.6mm-0.2mm Clay -0.005mm Gravel 3 in.-5mm Fine Sand 0.2mm-0.074mm L:\Geotechnical Forms and References\Reports\USCSTRMSSYM - ROCHESTER .docx Office Locations: NEW JERSEY PENNSYLVANIA NEW YORK CONNECTICUT FLORIDA NEW HAMPSHIRE NEW YORK 500 CANAL VIEW BOULEVARD SUITE 700 ROCHESTER, NY 14623 585.252.6879 whitestoneassoc.com P R O P O S A L December 11, 2023 via email WL ENTERPRISES ACQUISITIONS, LLC c/o SNYDER, KILEY, TOOHEY, CORBETT & COX, LLP 160 West Avenue Saratoga Springs, New York 12866 Attention: Ms. Sarah Morin Chief Growth Officer Regarding: SUPPLEMENTAL GEOTECHNICAL INVESTIGATION 3376 SOUTH BROADWAY TAX MAP NO.: 178-2-15 SARATOGA SPRINGS, SARATOGA COUNTY, NEW YORK WHITESTONE PROPOSAL NO.: PRY30830G.M23 Dear Ms. Morin: Whitestone Associates Engineering & Geology NY, PLLC (Whitestone) is pleased to submit this r proposal to conduct a supplemental geotechnical investigation at the above-referenced site. This proposal replaces Whitestone’s original proposal dated September 21, 2023 and is based on the September 13, 2021 Boundary Survey prepared by NMB Land Survey, PLLC, recent correspondence, experience with similar projects, and available aerial imagery. PROJECT DESCRIPTION The approximately 10.67-acre subject property located at 3376 South Broadway in Saratoga Springs, Saratoga County, New York is agricultural land. The property is identified further by the City of Saratoga Springs Assessor’s Office as Tax Map No. 178-2-15 and is being evaluated for development with a 40,000- square feet footprint brewery/restaurant with patio and associated asphalt paved parking and access drives. The proposed location and orientation of the structure has not been confirmed. A supplemental geotechnical investigation has been requested to provide general foundation and earthwork recommendations. For the purposes of this proposal, cuts and fills on the order of up to two feet are anticipated, and maximum design loads are assumed to be less than the following: column load - 150 kips, wall load - 4.0 kips/linear foot, and floor load - 200 pounds per square foot. Pavement loads are estimated to be 25,000 (18) kip equivalent single axle loads. WL Enterprises Acquisitions, LLC c/o Snyder, Kiley, Toohey, Corbett & Cox, LLP Supplemental Geotechnical Investigation Proposal 3376 South Broadway Saratoga Springs, New York December 11, 2023 Page 2 Environmental & Geotechnical Engineers & Consultants SCOPE OF SERVICES In order to provide supplemental soils information relevant to potential cost-impactive or development- impactive subsurface considerations, Whitestone will conduct a supplemental geotechnical investigation by means of seismic cone penetration testing (CPT). The scope of this supplemental investigation will be conducted to evaluate seismic Site Class and the liquefaction potential of the underlying soils. Whitestone’s proposed supplemental subsurface exploration will include the following: ► advancing up to two CPT soundings with shear wave velocity testing within the proposed building area to a depth of up to 60 feet below ground surface, or refusal; ► identifying pertinent physical and engineering characteristics of the subsurface materials encountered during sampling and testing; and ► providing an opinion regarding geotechnical considerations for developing the site. Whitestone’s proposed investigation and laboratory program will be supervised by a Whitestone engineer/geologist who will observe site and surrounding conditions, direct testing programs, review subsurface conditions, and classify the subsurface materials encountered. The results of the geotechnical investigation will be presented in a Supplemental Report of Geotechnical Investigation prepared by a Professional Engineer. PLANNING ASSUMPTIONS Whitestone assumes free access will be granted to the subject property for the duration of the one-day project. The boring locations must be accessible to a track-mounted CPT rig during the hours of 7:00 AM to 5:00 PM, Monday through Friday. Whitestone’s cost proposal assumes using non-union labor. Whitestone will coordinate a mark-out of on-site public utilities and, if authorized, engage a private utility locator, however, the site owner must establish all private utilities. Whitestone assumes no responsibility for the location of or damage to private underground utilities not clearly marked by the site owner prior to commencement of site services. Borings will be backfilled once with excavated soil, and borings will be restored surficially with asphalt cold patch or Portland cement concrete, where appropriate. Costs for repaving test locations or repairing areas disturbed by the field investigation are not included in this proposal. The owner should anticipate some settlement at test locations, and future maintenance may be required. Excess soil will remain on site (either mounded at test locations or placed at a staging area designated by the site owner) or can be drummed at an additional cost, if requested by the client. Whitestone assumes no responsibility for damage resulting from future settlement at backfilled locations. Unless otherwise requested by the client, all geotechnical soil samples will be disposed 60 days following completion of field investigation efforts. This proposal is based on the assumption that conditions suitable for foundation design recommendations will be encountered within the exploration depths proposed. If marginal or unsuitable conditions are encountered, the exploration program may be revised to include deeper borings and/or additional investigation and analysis may be recommended at an additional cost. If possible, Whitestone will attempt to make necessary revisions to the exploration program during the site investigation. WL Enterprises Acquisitions, LLC c/o Snyder, Kiley, Toohey, Corbett & Cox, LLP Supplemental Geotechnical Investigation Proposal 3376 South Broadway Saratoga Springs, New York December 11, 2023 Page 3 Environmental & Geotechnical Engineers & Consultants COST PROPOSAL Whitestone will conduct the supplemental geotechnical engineering services as outlined above for the lump sum of $16,500.00, excluding reimbursable expenses: Additional consultation or engineering services including attending meetings, participating in conference calls, preparing supplemental correspondence and/or budgetary cost projections or other activities not specified will be billed in addition to the pricing above. This proposal is subject to the Terms and Conditions outlined above and as attached hereto, and costs are exclusive of reimbursable expenses not specified above. Any additional services or out-of-scope work items will be confirmed in writing and invoiced in accordance with Whitestone’s Professional Services Rate Schedule (copy attached) or a supplemental quotation. Please acknowledge your acceptance of this proposal by signing where indicated below. Whitestone appreciates the opportunity to present a proposal for this project and looks forward to being of continued service to WL Enterprises Acquisitions, LLC and Snyder, Kiley, Toohey, Corbett & Cox, LLP. Please contact us with any questions regarding this proposal. Sincerely, WHITESTONE Jason R. Landry Ryan R. Roy, P.E. Senior Project Manager Vice President WAS/th N:\Proposal Folders\2023\PRY30830G.M23\Proposals and Contracts\SaratogaSpringsNY-Supplemental GI(PRY30830G.M23).docx Enclosures ACCEPTED: WL ENTERPRISES ACQUISITIONS, LLC c/o SNYDER, KILEY, TOOHEY, CORBETT & COX, LLP By: _____________________________________ (Signature) _____________________________________ (Print Name) Title: _____________________________________ Date: _____________________________________ Page 1 of 3 December 11, 2023 (the “Effective Date”) STANDARD TERMS AND CONDITIONS (the “Terms and Conditions”) These Terms and Conditions form a part of the proposal of WHITESTONE ASSOCIATES ENGINEERING & GEOLOGY NY, PLLC and/or WHITESTONE ASSOCIATES, INC. (collectively, the "Firm"), and WL ENTERPRISES ACQUISITIONS, LLC c/o SNYDER, KILEY, TOOHEY, CORBETT & COX, LLP (the "Client"): I. INTERPRETATION AND CONSTRUCTION. A. The Firm is involved in the business of providing professional engineering and professional geologist services, which may include environmental, geotechnical and construction support services. Client seeks to engage the Firm, and the Firm accepts such engagement, to provide various types of services on Client’s projects (each a “Project”) pursuant to the terms hereof and each separate proposal (each a “Proposal”) to be executed by the parties. B. The parties desire for these Terms and Conditions to govern the relationship between the parties. Unless otherwise specifically set forth in a Proposal, in the event of a conflict or inconsistency betwee n the Terms and Conditions and a Proposal, the Terms and Conditions shall take precedence, govern and control. The parties hereby acknowledge that these Terms and Conditions shall be incorporated by reference into each Proposal, as if fully set forth at length therein. The Terms and Conditions, collectively with the Proposal shall be referred to herein as the “Agreement”. II. THE SERVICES. A. Client hereby retains the Firm to provide the services as set forth in one or more Proposals (hereinafter the “Services”). The “Services” shall also include any additional or different services requested by the Client and the provision of which is agreed-upon by the Firm. B. In the event that the Proposal includes the provision of Services to be provided by one or more Li censed Site Remediation Professionals (“LSRP”), the LSRP Rider shall be incorporated herein and made a part hereof. C. In the event that the Proposal includes the provision of underground storage tank services, the Underground Storage Tank Serv ices Rider shall be incorporated herein and made a part hereof. III. PROFESSIONAL RESPONSIBILITY. The Firm represents that the Services shall be performed within the limits described in accordance with the “Scope of Services” contained in the Proposal, and in a manner consistent with that level of care and skill ordinarily exerc ised by comparable professional firms under similar circumstances at the time the Services are performed. No other representations to the Client, expressed or implied, and no warranty or guarantee is included or intended hereunder, or in any report, opinion, document or otherwise. The Firm does not guarantee the ultimate approval or success of the Client's Project. The Firm is not liable for consequential punitive, compensatory, incidental, liquidat ed or delay damages caused by the ultimate approval or succ ess of the Client's Project or time lines of the completion of the Services. The Firm's Services cannot be construed to be, and are not, a guarantee or assurance Client will have no or any reduced level of environmental liabilities or that undetected environmental problems do not exist or will not arise in the future. IV. CLIENT RESPONSIBILIT Y. Client will provide to the Firm all available information material, data, and assistance for performance of the Services in compliance with all applicable laws, inc luding and w ithout limitation, previous repor ts and any other data affecting the site upon which the Services are to be performed (the “Site"). In the event that Client does not own the Site, Client represents and warrants that Client, Client’s agents, employees, staff, consultants, contractors and subcontractors, have been granted a right of entry to the Site as is necessary for the Firm’s performance of the Services. Client will ensure that access to the Site is available to the Firm at all reasonable times, and Client will make available to the Firm’s representatives those of Client’s employees, if any, who are knowledgeable concerning the Site. Client will designate in writing the person to act as Client’s representative with respect to the Services to be perfor med, and such person will have complete authority to transmit instructions, receive information, and interpret and define Client’s policies and decisions with respect to the Services. The Firm shall be entitled to rely upon all information obtained from Client. The Firm does not assume contr ol of or responsibility for the Site or the person in charge of th e Site, or undertake any responsibility other than that required by law, for reporting to any federal, state, or local agencies any conditions at the Site that may present an actual or potential danger to public health, safety, or the environment. V. PAYMENT TERMS. Invoices for Professional Services and expenses incurred s hall be generated on a monthly basis, and are due and payable within 30 days of receipt. If an invoice becomes delinquent, the Firm reserves the right to cease all services and pursue all remedies upon three (3) days prior written notice to Client. Client shall release, indemnify and hold the Firm harmless from and against any and all damages of any kind whatsoever resulting from a cessation of the Services for Client’s failure to make payment in accordance with this Agreement. In the event the Firm seeks legal action against Client in connection with Client’s payment obligations under this Agreement, the Client shall reimburse the Firm for all costs of collection, including but not limited to, all costs an expenses (including reasonable attorneys ’ fees) and any other related expenses in connection with such action. Further, the Client agrees to pay the Firm the full portion of any and all unpaid amounts plus an interest charge equal to 1.5% per month of all monies thirty (30) days past due, up to and including the time of payment. In the event a retainer is requested by the Firm, th ose monies will be applied to the final invoice generated by the Firm. Any excess amount will be refunded to the Client within 14 days after the Firm’s receipt of payment. VI. NOTIFICATION OF HAZARD S. Client shall inform the Firm of any known potentially hazardous substance, environmental contamination, or condition that presents or could present a potential danger to human health or the environmen t, which exists in, at, or near the Site (collective ly, “Hazards”). Client releases and shall indemnify, defend and hold harmless the Firm and each Firm Covered Person from and against any and all Losses (as defined in Section XII hereof), including Losses for personal injury, disease, initial and ongoing medical expenses, including, but not limited to, continued health monitoring, death, property damage and economic-based claims that arise out of (a) Client’s failure to advise the Firm of Known Hazards, or (b) unanticipated occurrence of H azards discovered during the provision of the Services. VII. JOB SITE HEALTH AND SAFETY. The Firm’s sole responsibility for maintaining compliance with the Occupational Safety and Health Act of 1970, as amended, and the rules, standards and regulations promulgated thereunder (collectively, “OSHA”) is to ensure compliance with such OSHA rules and regulations by Firm employees and Subcontractors. The Firm shall not be responsible for OSHA compliance as it a pplies to any other party not under Firm’s control. Without limiting the generality of the foregoing, the Firm shall have no responsibility for OSHA compliance by or relating to Client or any party providing services on the Site, or any employee, agent, representative, officer, director, owner , or independent contractor of any of the foregoing parties. Page 2 of 3 VIII. BURIED UTILITIES; SITE DISTURBANCE. Client shall notify the Firm of the location of all known private subsurface utility lines, man-made objects and underground structures located beneath the Site. Prior to conducting any subsurface work, the Firm will call the local utility “One Call” services and engage an underground marking and utility locator service (if authorized by Client) in an attempt to locate subsurface utility lines and other man-ma de objects that may exist beneath the Site. Client recognizes that the Firm’s research may not identify all subsurface utility lines, man-made objects and underground structures. The Firm will take commercially reasonable precautions to avoid damage or injury to any subsurface u tilities or structures known to the Firm. Client further recognizes that subsurface conditions may vary from those encountered at the location of the Site where, and at the time when, borings, sampling, or testing are performed by the Firm in connection with its Site research, and that the data provided by the Firm are based solely on the information available to the Firm. Client acknowledges that the equipment used to perform the Services may affect, alter, or damage the terrain, vegetation, buildings, structures, and equipment in, at, or on the Site. Firm shall backfill each test location once with soil excavated from the Site and shall patch the upper surface of paved areas above the location from which the test boring was obtained with cold-patch asphalt and/or grout. Such patches and the location and surrounding proximate surface, subsurface, horizontal and vertical area will require ongoing and continuous supervision, inspection , maintenance and repair. Firm assumes no responsibility for damage res ulting from future settlement at any or all of the test areas and/or patches and the surrounding proximate surface, subsurface, horizontal and vertical area thereof. IX. PUBLICATIONS. Client agrees that the Firm may use and publish a general description of the Services performed by the Firm in advertising and qualifications, which advertising may include, witho ut limitation, brochures and other promotional material (including print and electronic media). Client’s covenants contained in this Section IX will survive the termination of this Agreement. X. OWNERSHIP OF DOCUMENTS. All reports, field data, notes, calculations, estimates, drawing documents and other items pr epared by the Firm are instr uments of service and shall remain the joint property of the Firm and the Client. Client agrees that all reports and other work furnished to the Client or its agents, which are not paid for will be returned upon demand, and will not be used for any other purposes whatsoever. The Firm will retain all pertinent r ecords r elated to the Services performed during which period, the records will be made available to the Client at r easonable times, providing no outstanding account balances exist. Items prepared by the Firm are not intended for use other than for the above Project. Use in any other Project or reuse by the Client for other Projects will be at Client's sole risk. Any el ectronic media and documents on computer disk prepar ed by the Firm are subject to use only by express writ ten permission by the Firm, and are not considered the Client's property. In the event the Client utilizes this information without written permission, or utilizes any of the Firm's work product in any fashion specifically not authorized by the Firm, the Client does so at their own risk and shall defend, indemnify and hold the Firm harmless for any damages or claims that may arise as a result of such utilization. XI. DISCLOSURE TO THIRD PARTIE S. Client acknowledges that the Services may be subject to State, Regional or Federal reporting requirements and the reporting and notification requirements thereof. The Firm’s technical and pricing information are confidential and proprietary information of the Firm and Client may not disclose such information without the Firm's express prior written consent. XII. INDEMNIFICATION. Client and Firm release and agree to indemnify and hold harmless each other and each of their officers, directors, agents, employees, consultants and each of their respective successors and assigns (collectively, the “Covered Persons”) from and against any and all claims, liabilities, losses, proceedings, suits, actions, damages or ex penses of any kind (under any theory under contract, tort, statue alleging negligence, errors, omissions, strict liability, statutory liability, breach o f c ontract, breach of warranty, negligent misrepresentations, or any other theory), including consequential, incidental, special, exemplary and punitive damages, and also including court costs and reasonable attorneys’ fees (collectively “Losses”) which arise out of any (i) negligent or willful acts or omissions by the Client’s or Firm’s owners, agents, directors, officers and employees, (ii) breach of this Agreement by the Client’s or Firm’s owners, agents, directors, officers and employees, (iii) personal injury or property injury claims relating to the Services, the Site or any Hazards, (iv) violations by the Client’s or Firm’s owners, agents, directors, officers and employees, of any federal, state or local law, regulation or rule, whether or not such violations arise out of, or occur in connection with, the Services. XIII. TERM AND TERMINATION. A. Term. This Agreement shall be in effect as of the Effective Date and shall remain in effect until the anniversary thereof (the “Term”) or until such later date as may be set forth in a Proposal (it being understood that th is Agreement will not terminate in the event the term set forth in a Proposal is longer than the term set forth herein). Thereafter, this Agreement will automatically renew for additional periods of one year each (each an “Additional Term”), unless either party notifies the other party in writing at least sixty (60) days prior to the end of the Term or applicable Additional Term of its intent not to renew. B. Termination. 1. This Agreement may be terminated by either party upon fourteen (14) days' written notice, should any terms not be performed in accordance with this Proposal. In the event of termination, the Firm shall be paid in full for (i) the Services rendered through the actual date of termination (ii) for any unpaid expenses, and (iii) reasonable expens es incurred by the Firm from such termination, including, but not limited to, reasonable winding down expenses. 2. Termination by Client shall be by written notice to Thomas K. Uzzo, Whitestone Associates, Inc., 30 Independence Boulevard, Suite 250, Warren, New Jersey 07059, tuzzo@whitestoneassoc.com. Termination by the Firm shall be made by written notice to the addressee of this Agreement. Such notice of termination will become effective when rec eived by the non-terminating party unless a later date is specified therein. XIV. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. A. The Firm shall only be responsible for delivering the Services to Client. The Firm, acting in good faith, shall not be liabl e for any action, omission, or loss in connection with the Agreement. B. DISCLAIMER OF WARRANTIES. EXCEPT AS SET FORTH IN SECTION III (“PROFESSIONAL RESPONSIBILITY”) OF THESE TERMS AND CONDITIONS, THE FIRM MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES OR OTHERWISE AND THE FIRM HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. C. LIMITATION OF LIABILITY. THE FIRM’S ENTIRE LIABILITY TO CLIENT FOR DAMAGES CONCERNING PERFORMANCE OR NONPERFORMANCE BY THE FIRM, OR IN ANY WAY RELATED TO A PROJECT, AND REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT, TORT, STRICT LIABILIT Y OR OTHERWISE (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID TO THE FIRM BY CLIENT UNDER THE TERMS OF THE PROPOSAL THAT COVERS THE Page 3 of 3 PROJECT THAT SERVES AS THE BASIS FOR THE CLAIM. IN NO EVENT SHALL ANY FIRM COVERE D PERSON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, COS TS, EXPENSES, OR LOSSES OF ANY KIND WHATSOEVER. IN ADDITION, IN NO EVENT SHALL ANY FIRM COVERED PERSON BE LIABLE FOR ANY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES, OR LOSSES OF ANY KIND WHATSOEVER IN ANY WAY ARISING OUT OF OR RELATING TO ANY OR ALL ACTS OR OMISSIONS OF CLIENT AND/OR ANY THIRD PARTY, ANY DAMAGE CAUSED BY CLIENT AND/OR ANY THIRD PARTY, OR ANY INJURY TO CLIENT, AND/OR ANY TH IRD PARTY, IN CONNECTION WITH OR RELATED TO THE SERVICES, OR THE FIRM’S PERFORMANCE HEREUNDER. THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE). XV. TESTIMONY. Client shall compensate the Firm at the Firm’s applicable hourly rate in the event that the Firm or any of its personnel agrees or is compelled to testify and/or provide docu ments in any lawsuit or legal action related to this Agreement, the Services or the Site. In addition, Client shall reimburse the Firm for all reasonable actual out-of-pocket expenses incurred by the Firm in connection with responses to subpoenas and othe r similar legal orders issued to the Firm in respect to the Services performed under this Agreement. This provision shall survive the termination or expiration of this Agreement. XVI. NON-SOLICITATION OF FIRM PERSONNEL. Firm and Client will not solicit the employees or independent contractors of the other to become employees or consultants during the Term and for a one (1) year period following the termination or expiration thereof. XVII. REVOCATION OF CERTIFICATION OR STATEMENTS. The Firm shall have the right to revoke any certification, statements, or professionally sealed documents or plans in the event the Firm is made aware of unauthorized, prohibited use by the Client. The Client assumes the risk of any damages and any and all claims that may occur as a result of the unauthorized use of the Firm's documents. XVIII. LIMITATION PERIOD. No lawsuit shall be brought by Client against the Firm for damages for any negligent professional acts, errors, or omissions, or breach of contract unless commenced within twenty-four (24) months from the last date of services provided under this Agreement. XIX. INTEGRATION. This Agreement constitutes the entire understanding and agreement between Client and the Firm and shall not be altered or modified except by an agreement, in writing, signed by both Client and the Firm. This Agreement s hall supersede all prior negotiations, understandings, and agreements, whether oral or written, and such prior agreements shall thereupon be null and void and without legal effect. XX. ASSIGNMENT. This Agreement shall be binding upon the parties, their suc cessors, representatives, and assigns. Client sha ll not assign or transfer this Agreement or any interest herein without the prior written consent of the Firm. The Firm may not assign or transfer this Agreement to any party without the prior written consent of Client, which consent shall not be unreasonably withheld. Further Firm may, without the consent of Client, subcontract any portion of the Services hereunder. XXI. SEVERABILITY. The provisions of this Agreement shall be severable, and if any provision hereof shall be determined by any court or competent jurisdiction to be invalid, such determination shall not affect or invalidate the remainder hereof. XXII. ENTIRE AGREEMENT. Each party hereto acknowledges its full understanding of this Agreement, that there are no verbal promises, understandings or agreements in connection herewith. This Agreement may be modified by the written consent of the parties heret o. XXIII. GOVERNING LAW; VENUE; ALTERNATIVE DISPUTE RESOLUTION. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any dispute, controversy or claim arising out of or in connection with this Agreement or any breach or alleged breach hereof shall, upon the request of any party involved, be submitted to, and settled by, binding arbitrat ion and shall be privately administered by a single arbitrator who shall administer the arbitration pursuant to the commercial arbitration rules then in effect of the American Arbitration Association that are applicable to a privately administered arbitration. XXIV. WASTE MATERIAL. Where waste materials are to be handled, transported, treated, and/or disposed o f by the Firm, Client agrees to accurately and completely describe said waste in writing to the Firm and warrants to the Firm that the waste material conforms to the specification and description set forth on the descriptions thereof. Legal responsibility and liability for waste material not reasonably conformin g to the specifications and descriptions set forth in the written description shall at all times remain with the waste generator. The Client shall review documentation for accuracy upon receipt and notify the Firm immediately of any inaccuracies. XXV. SAMPLE RETENTION/DISPOSAL. All samples of uncontaminated soil, rock, and water may be discarded thi rty (30) days after submission of the Firm's final report unless Client advises the Firm to deliver to th e samples to Client at Client's sole expense, or to store them for an agreed upon charge. In the event that samples and/or materials contain or are suspected to contain substances or c onstituents hazardous or detrimental to health, safety, or the environment, as defined by federal, state, or local statutes, regulations, or ordinances the Firm will, after completion of testing and at Client's expense, ret urn such samples and materials to Client, or (using a manifest signed by Client as generator and transpor ter) transport such samples and materials to a location s elected by Client for final disposal. Client agrees to pay all cos ts associated with the storage, transport, and disposal of samples and materials. Client recognizes and agrees that the Firm is actin g as a bailee and at no time assumes title to said waste. XXVI. DURATION OF FEE SCHEDULE. The fee schedule included in a Proposal shall remain in full force and effect for a period of ninety (90) days from the date of the proposal. If the Proposal is accepted and executed within such ninety (90) day period, then the fee schedule included in that Proposal shall remain in full force and effect for a period of one year from the date of that Proposal. If the Proposal is not accepted and executed within such ninety (90) day period, the Firm shall have the right to revise the fee scheduled in its discretion, which may include, but not be limited to, revising the fee schedule included in that Proposal, increase its fees for Services, and adjusting the time for and scheduling of performance of services. XXVII. COMPLIANCE WITH LAW. In the performance of each party’s obligations under this Agreement, each of the Firm and Client agree to comply with all applicable federal, state, and local laws, rules, regulations, and orders of any duly constituted authority. Office Locations: NEW JERSEY PENNSYLVANIA MASSACHUSETTS CONNECTICUT FLORIDA NEW HAMPSHIRE NEW YORK PROFESSIONAL SERVICES RATE SCHEDULE - 2023 Executive (President or Vice President) $ 295.00/hour Senior Associate $ 275.00/hour Associate $ 250.00/hour Expert Witness Testimony $ 350.00/hour Senior Professional Engineering Manager $ 225.00/hour LSRP/LSP/LEP $ 215.00/hour Project Manager $ 195.00/hour Professional Engineer $ 195.00/hour PCA Manager $ 195.00/hour Senior Professional Geologist $ 195.00/hour Associate Project Manager $ 175.00/hour Professional Geologist $ 175.00/hour Environmental Engineer $ 165.00/hour Geotechnical Engineer $ 165.00/hour Environmental Specialist/Scientist $ 150.00/hour Geologist $ 130.00/hour Project Engineer $ 130.00/hour Asbestos or Lead Paint Inspector $ 130.00/hour Wetlands Scientist $ 125.00/hour ICC/DCA Inspector $ 115.00/hour Environmental Technician $ 95.00/hour Staff Engineer/Inspector $ 95.00/hour Technical Assistant $ 90.00/hour CADD Operator/Draftsman $ 90.00/hour Project Coordinator $ 85.00/hour Administrative Assistant $ 65.00/hour Clerical Assistant $ 55.00/hour Travel/Mileage $ 0.655/mile + tolls Notes: 1. Mileage reimbursement subject to change based upon IRS standard mileage reimbursement rate. 2. Additional project-specific equipment, materials, and/or laboratory analyses or subcontracted services will be quoted on a case-by-case basis. 3. All rates are billed portal-to-portal. 4. Projects located greater than 100 miles from a Whitestone office may be subject to per diem expenses. 5. Construction phase testing and inspection services are subject to a four-hour minimum charge per day. 1 1 Project: Location: Surface Elevation:±|| Termination Depth: Date Completed:| | Proposed Location:| -- At Completion:| -- --| | --24 Hours: --| No Type 0.0 5.0 10.0 15.0 16.0 20.0 25.0 WOH /12"SUBSOIL 2 2 28 7 4 3 4 3 2 1 3 2 3 3 2 2 1 1 17 2 2 - 4 4 - 6 6 - 8 8 - 10 S-5 S-4 S-3 S-2 3 - - 5 3 15 20 18 2 - - As Above, Loose (SP-SM) As Above, Very Loose to Loose (SP-SM) As Above, Loose (SP-SM) As Above (SP-SM)-10 - 12 S-6 3 16 6 20 2415 - 17 S-7 10 - 4 6 - 8 - Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 RECORD OF Boring No.: B-1 SUBSURFACE EXPLORATION Page of Elevation 20.7 feet bgs 11/8/2023 (feet bgs) (ft NAVD88) (feet bgs) (ft NAVD88) 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC NS feet Above NAVD88 Date Started:11/8/2023 Water Depth Elevation Cave-In Depth --Drill / Test Method:HSA / SPT (Autohammer)Contractor:CC -- Building Logged By:OR During:6.0 At Completion: -- -- SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKSDepth (feet)Blows Per 6" Rec. (in.)N (feet)(Classification) Equipment:Geoprobe 7822DT 24 Hours: TS 6" Topsoil 18" Subsoil, Roots Brown, Very Loose, Poorly Graded Sand with Silt (SP-SM) TILL As Above, Very Dense Boring B-1 Terminated at a Depth of 20.7 Feet Below Ground Surface. 0 - 2 S-1 3 1 - - - - - - - - - - - 16 - 40/ 5" As Above, Medium Dense (SP-SM) Brown, Dense, Silty Sand with Gravel (SM) GLACIAL LACUSTRINE DEPOSIT 20 - 20.7 S-8 51 - 40/2" 7 - NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Boring Logs 10-8-23.xlsx 11/22/2023 1 1 Project: Location: Surface Elevation:±|| Termination Depth: Date Completed:| | Proposed Location:| -- At Completion:| -- --| | --24 Hours: --| No Type 0.0 5.0 10.0 15.0 20.0 25.0 LACUSTRINE As Above (SP-SM)17 5 1/12" 1 1 DEPOSIT As Above, Medium Dense (SP-SM) Boring B-2 Terminated at a Depth of 22 Feet Below Ground Surface. 15 - 17 S-5 1 1 16 2 As Above (SP-SM) 1 22 18 - 10 S-4 1 45 - 7 S-3 3 As Above, Very Loose (SP-SM) Brown, Loose, Poorly Graded Sand with Silt (SP-SM) 3 2 SUBSOIL 18" Subsoil, Roots 2 - 4 S-2 3 3 4 5 13 7 0 - 2 S-1 11 10 19 192 8 TS 12" Topsoil SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKSDepth (feet)Blows Per 6" Rec. (in.)N (feet)(Classification) --Equipment:Geoprobe 7822DT 24 Hours: -- Drill / Test Method:HSA / SPT (Autohammer)Contractor:CC --At Completion: -- Building Logged By:OR During:6.0 Elevation 22.0 feet bgs 11/8/2023 (feet bgs) (ft NAVD88) (feet bgs) (ft NAVD88) 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC NS feet Above NAVD88 Date Started:11/8/2023 Water Depth Elevation Cave-In Depth Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 RECORD OF Boring No.: B-2 SUBSURFACE EXPLORATION Page of 20 - 22 S-6 2 3 8 9 12 11 NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Boring Logs 10-8-23.xlsx 11/22/2023 1 1 Project: Location: Surface Elevation:±|| Termination Depth: Date Completed:| | Proposed Location:| -- At Completion:| -- --| | --24 Hours: --| No Type 0.0 5.0 10.0 15.0 20.0 25.0 2 2 As Above (SP-SM) Boring B-3 Terminated at a Depth of 22 Feet Below Ground Surface. As Above, Medium Dense (SP-SM)15 - 17 S-5 4 14 LACUSTRINE 8 - 10 S-4 2 2 24 4 As Above, Very Loose to Loose (SP-SM) 3 As Above (SP-SM)5 - 7 S-3 2 2 1 2 16 2 - 4 S-2 2 2 1 Brown, Very Loose, Poorly Graded Sand with Silt (SP-SM) 0 - 2 S-1 2 2 SUBSOIL 21" Subsoil, Roots 3 2 24 5 TS 9" Topsoil 2 17 3 SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKSDepth (feet)Blows Per 6" Rec. (in.)N (feet)(Classification) --Equipment:Geoprobe 7822DT 24 Hours: -- Drill / Test Method:HSA / SPT (Autohammer)Contractor:CC --At Completion: -- Building Logged By:OR During:6.0 Elevation 22.0 feet bgs 11/8/2023 (feet bgs) (ft NAVD88) (feet bgs) (ft NAVD88) 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC NS feet Above NAVD88 Date Started:11/8/2023 Water Depth Elevation Cave-In Depth Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 RECORD OF Boring No.: B-3 SUBSURFACE EXPLORATION Page of DEPOSIT 20 - 22 S-6 7 8 16 21 15 24 8 2 16 22 NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Boring Logs 10-8-23.xlsx 11/22/2023 1 1 Project: Location: Surface Elevation:±|| Termination Depth: Date Completed:| | Proposed Location:| -- At Completion:| -- --| | --24 Hours: --| No Type 0.0 5.0 10.0 15.0 20.0 21.0 25.0 SUBSOIL 15" Subsoil, Roots 1/12" TILL Boring B-4 Terminated at a Depth of 22 Feet Below Ground Surface. 20 - 22 S-6 7 9 29 44 12 38 As Above (SP-SM) GLACIAL Brown, Very Dense, Silty Sand with Gravel (SM) 16 1 15 - 17 S-5 6 11 8 7 18 19 As Above, Medium Dense (SP-SM) 10 - 12 S-5 1 1 3 As Above, Very Loose (SP-SM) DEPOSIT LACUSTRINE As Above (SP-SM) 8 - 10 S-4 3 1 2 1 14 6 As Above (SP-SM)5 - 7 S-3 3 3 3 3 16 2 10 52 - 4 S-2 2 3 2 Brown, Loose, Poorly Graded Sand with Silt (SP-SM) 0 - 2 S-1 1 2 2 2 15 4 TS 9" Topsoil SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKSDepth (feet)Blows Per 6" Rec. (in.)N (feet)(Classification) --Equipment:Geoprobe 7822DT 24 Hours: -- Drill / Test Method:HSA / SPT (Autohammer)Contractor:CC --At Completion: -- Building Logged By:OR During:5.5 Elevation 22.0 feet bgs 11/8/2023 (feet bgs) (ft NAVD88) (feet bgs) (ft NAVD88) 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC NS feet Above NAVD88 Date Started:11/8/2023 Water Depth Elevation Cave-In Depth Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 RECORD OF Boring No.: B-4 SUBSURFACE EXPLORATION Page of NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Boring Logs 10-8-23.xlsx 11/22/2023 1 1 Project: Location: Surface Elevation:±|| Termination Depth: Date Completed:| | Proposed Location:| -- At Completion:| -- --| | --24 Hours: --| No Type 0.0 5.0 10.0 15.0 15 - 15.7 S-5 16 - 0 - 20.0 25.0 Boring B-5 Terminated at a Depth of 15.7 Feet Below Ground Surface. No Recovery 8 - 10 S-4 4 1 1 1 14 2 As Above (SP-SM) As Above (SP-SM)5 - 7 S-3 1 1 18 11/12" 1 18 22 - 4 S-2 2 1 1 Brown, Very Loose, Poorly Graded Sand with Silt (SP-SM) 0 - 2 S-1 2 2 SUBSOIL 12" Subsoil, Roots 3 2 20 5 TS 9" Topsoil SAMPLE INFORMATION DEPTH STRATA DESCRIPTION OF MATERIALS REMARKSDepth (feet)Blows Per 6" Rec. (in.)N (feet)(Classification) --Equipment:Geoprobe 7822DT 24 Hours: -- RECORD OF Boring No.: B-5 SUBSURFACE EXPLORATION Page of Elevation 15.7 feet bgs 11/8/2023 (feet bgs) (ft NAVD88) (feet bgs) (ft NAVD88) 3376 South Broadway, Saratoga Springs, Saratoga County, New York Client:WL Enterprises Asquisitions, LLC NS feet Above NAVD88 Date Started:11/8/2023 Water Depth Elevation 40/2" LACUSTRINE DEPOSIT Proposed Brewery/Restaurant WAI Project No.:GM2321159.Y00 Cave-In Depth Drill / Test Method:HSA / SPT (Autohammer)Contractor:CC --At Completion: -- Building Logged By:OR During:5.0 NOTES: bgs = below ground surface, msl = mean sea level, NA = Not Applicable, NE = Not Encountered, NS = Not Surveyed, P = Perched RECORD OF SUBSURFACE EXPLORATION WL Restaurant Brewery Saratoga Springs NY GM2321159.Y00 Boring Logs 10-8-23.xlsx 11/22/2023