Backfilling shall be in accord with current City standard specifications. The City Engineer may require soil tests conducted by a recognized soil testing laboratory or registered professional engineer specializing in soil mechanics. For the resurfacing to be permitted, the tests must show that the backfill material meets the minimum requirements prescribed by the City. All expense of the tests shall be borne by the excavator. The excavator shall be responsible for any trench failure for a one year period. Testing shall be required on all streets less than three (3) years old or that have been overlaid within three (3) years, and also when required by the City Engineer, which will be noted on the permit when returned for patching. (1968 Code §10-114; Ord. 74-56; Ord. 85-214; Ord. 01-42)