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HomeMy WebLinkAboutWis. Historical Society, UW-Milw. & Oshkosh J L)N 2, 9 r0 P Archaeological Contract between the City of Oshkosh,University of Wis, ooask Milwaukee Cultural Resource Management(UWM-CRM)and the WisconsinrHM&ibalh, VVT&'0M,,JPq Society For Excavation, Analysis and Temporary Curation of Human Remains and Objects Related to the Burial from the McCauly Site(47WN0222 BWN-0195), Winnebago County WHS# 17-0123 WN This agreement is made by and between the City of Oshkosh (hereinafter Landowner), the Director(or his Designee) of the Wisconsin Historical Society(hereinafter Society) and University of Wisconsin-Milwaukee Cultural Resource Management, (hereinafter Contractor)for archaeological and analytical services to by pet-formed at the University of Wisconsin-Milwaukee 3413 N. Downer Avenue, Milwaukee, WI 53212. The purpose, of this Contract is to ensure that the excavation and analysis of human remains and associated objects are performed and completed in a timely manner and that sufficient information is provided to the Society to allow for a disposition determination per Wis, Stat, §157.70(6) and Wis. Admin, Code § HS 2.05(1) following the completion of the excavation and skeletal analysis. Deliverables include: 1. A thorough literature search related to this cemetery and this area generally, 2. The professional archaeological excavation and removal of human remains and any associated,objects, 3. Each burial shall have a separate field and laboratory inventory record, 4. Scaled digital photo documentation of the disturbance, the excavation and any associated objects. 5. Soil removed from the bones during cleaning must be retained with the remains for future disposition. 6. The preparation of an overall site map that references the location of the burial(s) relative to a permanent datum point as well as the preparation of an in.-situ plan view and profile drawings of the excavation and each burial, 7. The determination of either direct kinship, or the cultural, tribal or religious affiliation of the remains by a"Skeletal Analyst"as defined in Wis, Admin. Code §HS 2.02(12) and HS 2.04(6)(b) as well as the minimum and maximum number of individuals identified, including their age, and sex, if possible. To the extent necessary to make the determination,the analysis may also include documentation and description of trauma, evidence for cultural and/or medical intervention, the presence and documentation of pathology, as well as any relevant taphonomic factors. Please refer to"Standards for data Collection From Human Skeletal Remains"edited by J. E. Buikstra and D. H. Ubelaker for guidance, 8, The completion and submittal of an archaeological site inventory (ASI)form to the State Archaeologist's office at the Society. 9, The Contractor shall be responsible for submitting two copies of a final report to the Society for review and approval once the excavation and analysis are completed. The report must include information on the context of discovery and any associated cultural information that would aid in determining the ancestry and direct kinship, or the cultural, tribal or religious affiliation of the remains, 10. The Contractor shall be responsible for transferring all reports generated and copies of field notes, maps, and photographs related to the burial site to the Society,under Wis. Admin. Code § HS 2.04(l 0).The Contractor shall provide 1 set of hard-copy printed materials and I set of electronic (digitized)materials. Particular care should be taken to follow the procedures established in Chapter 11 of the Wisconsin Archaeological Survey's"Guidelines for Public Archaeology in Wisconsin" (2012) during the excavation and recording of the human remains and associated objects. It is the responsibility of the Contractor to secure a field permit under Wis. Stat. §44.47(4) (if applicable) from the State Archaeologist prior to initiating fieldwork on state, county or municipal land. No images, pictures,or video of the burial, or work on the human remains, may be used in any public presentation or report until such time as the final report has been approved and accepted, Drawings and illustrations based upon the above and/or based upon the fieldnotes are appropriate, An archaeologist qualified to excavate burials (per Wis. Stats. § 157.70 (5) and Wis. Admin, Code § HS 2,04 (6)(a)shall be on-site at all times during the excavation, It is the responsibility of the Contractor to retain the services of a"Skeletal Analyst,"as defined at Wis. Stat, § 157.70 and Wis. Admin. Code 2,02 (12)and 2.04 (6)(b). A j skeletal analyst must be present in the field during excavation and also in the laboratory during analysis. When those activities run concurrently,two skeletal analysts must be ! working simultaneously. A current listing of those individuals is appended to this contract and may be found at http://www.wisconsinhistor .or /pdfs/lip/HPR-Burial-Sites- Skeletal-Analysts-List.pdf. The Contractor shall provide for temporary custody of the remains and any associated artifacts in a secure facility located in the State of Wisconsin until such time as a disposition decision is made by the Society, At no time for any reason may any human remains or associated artifacts be transferred out of the State of Wisconsin,unless a plan for such transfer(to include returning the remains to the State of Wisconsin by an explicit date) is submitted to the Society for k consideration and the Society agrees to the plan in writing, The Society shall have 30 M i k days from receipt of such a request to review and respond. If the Society does not respond within 30 days, then the request shall be deemed to have been denied. No bone samples may be harvested for study without the express permission of the Society, pursuant to Wis. Admin, Code §HS 2.04(9). The terms of payment shall be arranged between the Landowners and the Contractor. The excavation shall be completed no later than December 31, 2017. The analysis shall be completed by March 30, 2018 and the report shall be submitted to the Society no later than March 30, 2018. The Society shall review the report and shall issue its findings in writing. If the Society identifies deficiencies in the report, it shall identify them in writing,and the archeological contractor shall have 30 days from the date of receipt of the Society's comments to remedy or otherwise address the identified deficiencies in writing in a revised report, submitted to the Society for further review and approval. If the excavation, analysis and/or report deadlines are not met, the Society may terminate this archeological contract. If the Society terminates this contract for the aforestated reason, then the Society shall negotiate a new contract with the landowners and a new Archaeological Contractor, The Archaeological Contractor whose contract has been terminated shall forfeit any claim for damages. It is understood by all signatories to this contract that inadvertent discoveries during the course of the excavation may result in unforeseen delays; such delays must be immediately communicated to and coordinated with the Society so that a new field completion date may be negotiated. Nothing in this contract shall be construed as a disposition determination under the provisions of Wis. Stat. § 157.70 (6) and HS 2.06. Such determination in its entirety shall be made after the successful completion of all of the terms of this contract. Results of the analysis may not be published or presented in a public forum prior to the acceptance of the final report by the Wisconsin Historical Society, The Landowners and/or the Contractor is/are responsible for satisfying provisions of or otherwise carrying out any duties related to any other local,state or federal ordinance(s), law, code or regulation not reference herein. i i For City of Oshkosh: Signed: <�. `—I Dated: John Ferris, Civil 1✓ngine Supervisor For University of Wisconsin-Milwaukee Cultural Resource Management Signed: Dated: June 1, 2017 Jennifer R. Haas, Principal Investigator For the Wisconsin Historical Society: Signed:z.�� i c.,-- fJ `i Dated /Ellsworth E,' rown , � Ruth and Hartley Barker Director Signed for and in behalf of the City of Oshkosh JI Fitzpatrick,Assis nt Ci anager i - Pamela R. Ubrig, City Clerk \\LYrreason, Ci ttol ney Aa—O Trena Larson, Director of Finance I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. 4A ADDENDUM 1: Archaeological Contract between the City of Oshkosh, University of Wisconsin- Milwaukee Cultural Resource Management(UWM-CRM) and the Wisconsin Historical Society For Excavation, Analysis and Temporary Curation of Human Remains and Objects Related to the Burial from the McCauly Site(47WN0222 BWN-0195), Winnebago County WHS 17-0123 WN June 29, 2017 Scope of Work Human remains were inadvertently encountered while monitoring the mechanical grading for the Bay Shore Drive road cut near 1253 Bay Shore Drive on June 26,2017.The human remains are within a distinct feature(feature 10)that had been partially truncated by the mechanical excavation for the road. A second feature(feature 11), a possible hearth, is located approximately 20 cm to the northwest of feature 10. Both features 10 and 11 are within the City of Oshkosh owned right-of-way. The location of the features precludes the possibility of preservation in place and the City of Oshkosh wishes to have both features carefully excavated from the roadway. The excavation of features 10 and 11 will proceed using those standards and guidelines documented in the Guide for Public Archeology in Wisconsin and those procedures outlined in the Burial Contract. Both features will be excavated according to strict parameters to control contamination of the matrix and to retain as much information about the feature as possible. Each feature will be provided an individual lot number, which will be used in reference to all cultural residue, soil, carbon and flotation samples, and all other material recovered for analysis. The features will be mapped in plan view, cross sectioned, and mapped in profile. As Feature 10, containing human remains,was exposed in profile via the road cut,the feature will be mapped in profile and the remaining portion mapped in plan.Following this,the human remains will be exposed, and carefully mapped and photographed. After appropriate documentation, the human remains will be removed from the burial pit features.All artifacts from the burial pit will be kept with the human remains. All soil from the area surrounding the human remains will be retained.A portion of the feature will be collected as a flotation sample. A portion of Feature I 1 was destroyed during excavation for the road cut. The remaining portion of the feature will be mapped in plan. After the feature is mapped and photographed, the feature will be bisected along its longest axis.A portion of the feature will be retained as a flotation sample. Once half of the feature is exposed, a "window" will be excavated to reveal the profile of the feature. The profile will be mapped, photographed, and measured from the unit datum. After the shape of the feature is recorded, the remaining half of the feature will be fully exposed and excavated. Upon completion of the field investigations, a full technical report will be prepared. All human skeletal material will be analyzed by a qualified skeletal analysis and the results will be included in the technical report.