As Patrick Sullivan pulled out of his parking spot and began a drive down Mount Vernon Street near Porter Square, he heard thumping and felt the vibrations usually associated with a flat tire. Sullivan pulled over to find the problem.
He ran his hand over one of his car’s tires and felt a clump of tar. It hadn’t yet worn into the tire’s grooves, and Sullivan was able to peel the tar off his tire easily.
Since this incident in mid-June, Sullivan’s tires have been damaged twice more: once when his wife was driving and another time to him. That time Sullivan tried to again peel the clump of tar off and burned his hand.
Now, Sullivan inspects spots carefully before he parks on the street.
And he isn’t the only Cambridge resident reporting tar coming off onto tires.
“A hazard” in a Nextdoor thread
A Nextdoor post by resident Marla Felcher on July 3 asking about tar problems from the asphalt patchwork melting on Hillside Avenue in Neighborhood 9 drew several responses from people with similar experiences. Some pointed to melting patchwork on other roads in Neighborhood 9: Whittier Street, Avon Hill Street and Bellevue Avenue.
Hannah Farbstein said she needed to buy replacement tires after damage as a result of parking in front of her family’s house on Hillside Avenue. The “street is a hazard that requires urgent maintenance,” she wrote.
Tire marks can be seen in the asphalt on Hillside Avenue, she said.
Another Nextdoor user said she needed new shoes after hers were damaged by the melting patchwork – and asked if residents could send the bills for replaced items to the city.
A reason, and a reason undone
These incidents are connected to a contractor called Indus hired by the city last summer to patch various roads, said Kristen Kelleher, community relations manager for Cambridge Public Works, in a July 17 email. Indus, based in Braintree, completed the work last fall.
Residents reached out for help to city councillors including Patty Nolan and to John Nardone, deputy commissioner for the Department of Public Works. In passing along residents’ concerns, Nolan said she was given the contractor’s explanation via Public Works: that the patchwork is melting due to heat-related issues present at the time the asphalt was poured.
“They should’ve waited for the weather to be within the boundaries of tolerance of the particular material being used,” Nolan said.
Todd Connors, Indus’ regional manager, said Tuesday that there were no weather-related concerns at the time the patchwork was done. Connors said nothing out of the ordinary occurred during the project.
Response and reimbursement
Residents say they’re waiting for a response and reimbursement from the city – and frustrated because they feel complaints posted on the Public Works section of the city’s website were brushed off. “The response in general to the complaints was, ‘Oh, well, it’ll come off. Don’t worry about it,’” Sullivan said.
Formal complaints must be made within 30 days.
Sullivan said he was prepared to sign an open letter to the city drafted by a neighbor, Steven Kusiak, who has been gauging interest to see how many neighbors would sign and what they’d like it to say. Kusiak said he’s still considering the letter and speaking with the city directly.
Nolan said the liability should lie with the contractor. “This is definitely something that the contractor should be held responsible for and should show that the residents’ costs are covered,” Nolan said.
Indus was ahead of Nolan in that regard: Connors said the company is prepared to respond to residents whose tires have been damaged by the melting asphalt. Residents can file a claim for Indus to clean damaged tires, Connors said.
Nardone was unavailable for an interview, according to emails from Kelleher and city spokesperson Jeremy Warnick between July 11-17, but Kelleher said the city has asked Indus for “samples to be taken to ensure the crack seal material meets city standards and specifications.” Indus has agreed to take and analyze samples of the crack seal and hopes to work with the city again, Connors said.
Avon Hill and Hillside Ave are slated to be milled and paved this fall.
A stronger
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If anyone reading this story was impacted please read below regarding filing a claim.
Paul Toner
Below please find the contact information for Indus, who was the contractor that placed the crack seal and the City’s Law Office. I would also like to give you an update on Avon Hill and Hillside. The City will be milling and paving the streets later this summer or early fall. Both streets have been scheduled for this work since last spring (2023). Avon Hill has been recently added to the 5-year plan for streets and sidewalks plan. This will be a construction project that works on the sidewalks, infrastructure, and pavement profile. Currently there is no timeline on this, but in the future, you should expect notifications about community meetings to discuss the larger scale project. If you have any further questions or concerns, please feel free to reach out to me at 617-945-4084 at anytime
Thank you
Brian
Assistant Superintendent of Streets and Sewers
Indus
John Travis
781-428-3400
john.travis@Indusinc.com
You can also file a claim against the City as well by following the steps below.
You may file your claim with the City Clerk’s office by sending a written letter or email addressed to:
Diane P. LeBlanc, City Clerk
City Clerk’s Office
795 Mass. Ave, 1st Floor
Cambridge, MA 02139
cityclerk@cambridgema.gov
The claim must include:
1. Claimant’s name, address, and phone number;
2. Date, time, and exact location of incident; and
3. A description of the incident.
The claim may include:
1. Photographs;
2. Repair estimates or invoices.
Please note that street and sidewalk defect claims must be filed within 30 days of the incident and notice of other types of claims generally must be filed within 2 years of the incident.
If the injury and/or property damage are related to actions taken by a contractor working with the City, you should direct your claim to the contractor. If you are not sure if there was a contractor involved, you may file a claim with the City, but you may then be directed to file with a contractor.
If you have questions about the status of your claim, you may contact the Law Department at 617-349- 4121, but you should allow at least 6 to 8 weeks before inquiring about your claim. Please understand that the Law Department requires sufficient time to complete its investigation and will respond to you in writing when the investigation is complete.
This is not intended to be legal advice, nor is it an admission of any liability on the part of the City. In furnishing this information, the City does not waive or relinquish any defenses or rights available to it, nor shall this information operate to waive any factual or legal defenses currently existing, or which may become available to the City in the future. Please contact an attorney if you have any legal questions.
Paul Toner