Info Tech, Inc. Professional Service Terms: AASHTOWare Project™

Last Updated: June 7, 2023


Infotech will provide services to AASHTO member agencies as AASHTO’s AASHTOWare Project Contractor under these terms and under the terms of any agreements between Infotech and AASHTO in effect at the time the services were provided.

Agency Obligations

  1. Agency will provide appropriate resources, including the key technical support necessary to the Infotech resources. Agency will designate a primary contact person who will coordinate with the Infotech Project Manager and/or analyst(s) on this project.
  2. Agency will maintain valid licenses for any AASHTOWare Project software identified in the scope of services provided to Agency by Infotech.

Infotech Obligations

  1. Infotech will provide a Project Sponsor, typically the Project Manager Lead or the Assistant Director for Agency Project Management Services in the AASHTOWare® Products Division. The Project Sponsor ensures that the project has the necessary resources from the company, that the customer is satisfied, and that delivery and quality of the services is consistent. The Project Sponsor works with the Agency PM and the Infotech PM to review status and performance of the project. The Project Sponsor has a direct line of communication with Infotech’s AASHTOWare Executive Team so that Infotech backs the success of this project as needed to complete the work to Agency’s satisfaction.
  2. Infotech will assign resources appropriate to a scope of work. Resource availability will factor into the project schedule.
  3. Infotech agrees to comply with the Agency’s state, district, or provincial laws and regulations pertaining to political contributions and gifts, lobbying, ethical standards and conflicts of interest, non-discrimination and equal employment opportunity, and protection of client information.
  4. Infotech may require remote access to selected Agency systems for certain task assistance. Infotech will coordinate access with Agency’s project manager or their designee, and the Agency staff will monitor that access.
  5. Infotech warrants that its services will meet all of the agency’s written requirements supplied to Infotech. Infotech will rely upon these requirements to develop its scope and fee. Agency has ten (10) working days after task completion to notify Infotech in writing of specific insufficiencies in its services.

Joint Agency/Infotech Obligations

  1. Infotech believes, advocates for, and ensures that all employees shall be entitled to a respectful workplace free of discrimination, sexual harassment, and workplace harassment. Infotech and the Agency agree that their respective employees shall be entitled to a respectful workplace free of discrimination, sexual violence, sexual harassment, and workplace harassment, and further agree to foster such a workplace. Infotech reserves the right to stop work, or otherwise deploy, redeploy, and assign talent as necessary to foster and/or maintain a respectful workplace for its employees. Infotech’s Discrimination, Anti-harassment and Respectful Workplace Policy is available upon request.

Data, Intellectual Property, and Third-Party Software Tools

  1. Agency will supply any necessary data to Infotech only after both parties complete and sign the Data Permission License Form, which the Infotech PM will provide.
  2. At the conclusion of the project, Infotech will destroy any remaining copies of the Agency’s data in Infotech’s possession unless the Agency approves maintaining this data to assist future work.
  3. Infotech does not claim any ownership over the work product prepared for the Agency during its services to the Agency. Agency’s ownership of the work product is subject to the Agency’s license agreement with AASHTO.
  4. If Agency directs Infotech to create a customization, an agency view, or any other work derivative of the AASHTOWare Project software, then Agency agrees that Infotech has permission to post the derivative work to the AASHTOWare Project filesharing space for AASHTO member agencies’ common use.
  5. Infotech may utilize third-party tools in its services. Infotech will ensure AASHTO approves the inclusion of the tools as per Infotech's contract terms with AASHTO. Infotech selects these tools in good faith and with due diligence. Any liability arising solely from Infotech’s use or inclusion of a third-party tool in the services is attributable to Infotech. Infotech will provide a list of the tools upon request.

Invoicing and Change Orders

  1. Advanced Professional Services will be invoiced on a fixed price basis. Infotech will invoice for each year of the term in full after the first month of that term.
  2. Service Unit-based invoicing only: Contractor will invoice AASHTO against Agency’s purchased Service Units.
  3. Service Unit-based invoicing only: Infotech will provide services (as applicable) only if Agency has purchased sufficient Service Units for Infotech to provide those services. Infotech recommends purchasing sufficient Service Units in advance to avoid Infotech stopping work on the project.
  4. Infotech’s pricing includes project management.
  5. Should any of our assumptions prove incorrect, we reserve the right to renegotiate with you in good faith regarding pricing, schedule, scope, or terms and conditions as necessary.
  6. Agency may request additional or modified scope through the change order process. Should Agency request the removal of a task within the scope of services, Agency will initiate a change request through the change order process. Note that Infotech may consider some tasks essential to this project’s success, and Agency must discuss task removals with Infotech before requesting removal of a task.
  7. Agency and Infotech will agree on the scheduling of all tasks.

Travel

  1. Infotech will perform all tasks remotely. If the Agency requests on-site services, Infotech will initiate a separate agreement or amendment to add travel expenses to the project.