Nossaman LLP

Edmund (Evan) V. Caplicki, III

Partner

T 213.612.7877
F 213.612.7801
777 South Figueroa Street, 34th Floor
Los Angeles, CA 90017

Evan Caplicki's experience spans the innovative project development process – from advising public agencies regarding transportation project delivery options, through project procurement and contracting, to contract administration and claims resolution.

Mr. Caplicki is very active in the Design-Build Institute of America.  He was co-chair of the 2014 and 2012 Design-Build in Transportation Conferences, and co-chair of the 2013 Design-Build Conference and Expo.  A DBIA instructor of the Contracts and Risk Management course, Mr. Caplicki is also a member of the DBIA Transportation Markets Committee and Contract Documents Subcommittee.

In addition to his law degree, Mr. Caplicki completed a certificate program in Construction Management through the University of Washington.  Over the course of his career, he has represented owners, contractors and subcontractors in a wide variety of matters involving both public and private construction projects.  Prior to joining Nossaman, he worked at a number of construction litigation firms.

Mr. Caplicki regularly speaks to infrastructure industry organizations on the use of design-build and PPP projects to finance and deliver high-priority transportation projects.  He also publishes on this subject and contributes to the Firm's Infra Insight blog.

Representative Work

  • Indiana Finance Authority – East End Crossing.  Member of the Nossaman team advising on the PPP procurement to design, build, finance, operate and maintain East End Crossing.  East End Crossing is a $1.18 billion, six-lane toll bridge across the Ohio River.  It is the largest PAB issue for a U.S. P3 transport deal and the first U.S. highway availability-payment transaction.  Procurement was completed in record time – ten months from issuance of the RFQ to commercial close.  In financing East End Crossing, the $194.5 million short-term bonds were secured by "milestone payments" awarded by meeting construction completion milestones.  The $482 million long-term bonds were secured by "availability payments," which were defined as meeting operational standards.  The project is scheduled for completion in 2017.

    East End Crossing was the first P3 transaction ever named 2013 "Deal of the Year" by The Bond Buyer.  It was also named ARTBA 2013 P3 Project of the Year.  It is the first P3 transportation deal that does not use TIFIA funds in its capital structure.  Plus, it is the first P3 availability project debt to receive a "flat" investment-grade rating from both Standard & Poor's and Fitch.

  • Indiana Finance Authority – I-69 Section 5.  Key member of the team advising IFA on this project.  Indiana is engaged in a project to complete the I-69 connection from Evansville to Indianapolis, in six sections.  Nossaman is advising IFA on a $370 million design-build-finance-operate-maintain availability-payment PPP procurement and contract for Section 5 of this project.  It is Indiana's second availability-payment project, following close on the heels of the highly successful East End Crossing.  Section 5 will run 21 miles between Bloomington and Martinsville, upgrading SR 37 into an interstate highway.  The project also will add four new interchanges, four new overpasses, and improvements to existing interchanges and overpasses.  Commercial close was in April 2014.  Section 5 is scheduled to open by the end of 2016, several years ahead of schedule.
  • City of Indianapolis – Marion County Consolidated Justice Facility.  Key member of the legal team advising on all aspects of this innovative PPP project, essentially a lease-to-own plan.  Citing security concerns, the City of Indianapolis needed a way to move its criminal justice functions (including five separate jail facilities) into a single, efficient complex.  In this plan, $500 million of up-front design, construction and financing costs would be shifted to a private partner.  After construction, the partner will be responsible for operating, maintaining and upgrading the facility for 35 years.  The partner would be reimbursed over the years with annual service fee payments budgeted for by the City. This PPP transaction is one of the first of its kind for a criminal justice complex.  The 1.2-million-square-foot facility combines a new adult detention center (approximately 3,000 beds) with a community corrections facility, courthouse (approximately 28 criminal courtrooms), sheriff's department offices and new surface parking facilities.  The City released an RFP to three shortlisted teams in June 2014.  A preferred bidder was selected on December 12, 2014.  Commercial close is anticipated in March 2015 and the facility is targeted to open in May 2018.
  • Texas Department of Transportation – IH 35E Managed Lanes.  Lead attorney representing TxDOT on this project.  The IH 35E Managed Lanes Project is the first phase in a $4.8 billion multi-phase program to relieve traffic congestion along an existing 28-mile corridor of IH 35E in Dallas and Denton Counties.  Nossaman was the key outside legal advisor on the procurement of the $845 million design-build contract, which includes the design and construction of tolled managed lanes, general purpose lanes, collector-distributor roads, and bridges.  The scope of the capital maintenance agreement includes the optional (up to three five-year terms) long-term maintenance of the project's managed lanes component.  The project was awarded to a short-listed joint venture developer in late 2012 and reached commercial close in early 2013.  Construction is scheduled for completion in mid-2017.
  • Santa Clara Valley Transportation Authority – Silicon Valley Berryessa Extension.  Key member of the legal team advising VTA on this project.  The Silicon Valley Berryessa Extension project is the first phase of a $2.3 billion extension of BART from the San Francisco Bay area into Silicon Valley.  It includes 10.2 miles of heavy rail infrastructure, plus two new stations.  Nossaman represented VTA as special design-build counsel for this project, which is ongoing and scheduled for completion in 2016.  Mr. Caplicki was a key member of the Nossaman team that structured the SVBX design-build procurement and drafted the procurement and contract documents, which resulted in the December 2011 award of a $722 million contract.
  • California Department of Transportation – Presidio Parkway.  Member of the legal team advising on the PPP agreement to design, build, finance, operate and maintain the project.  The $1.1 billion Presidio Parkway infrastructure project is a spectacular natural gateway connecting the Golden Gate Bridge with the City of San Francisco – traversing both an environmentally sensitive national park and a national historic landmark district. It is the first procurement initiated under California's recently enacted PPP law and only the third highway project developed through an availability payment PPP in the United States.  Nossaman prepared and advised on the procurement and contract documents.  Project financing included $45.6 million in equity, $166.6 million in senior bank loans and a $150 million TIFIA loan.  The project is scheduled for completion in 2015.

    In 2012, Presidio Parkway was named P3 Project of the Year by ARTBA.

  • Central Puget Sound Regional Transit Authority – South-Link Extension.  Lead member of Nossaman team advising Sound Transit on this project.  The South-Link Extension project creates a 1.6-mile light rail segment that will run south from Sea-Tac Airport on an elevated guide-way.  The elevated Angle Lake Station at South 200th Street will include passenger platforms with covered waiting areas, a transfer area for local and rapid-ride bus connections, passenger pickup and drop-off areas, and van-pool parking.  Nossaman assisted Sound Transit in developing procurement strategy and documents for this $169 million design-build project.  The design-build contract was awarded in 2012.  The segment is scheduled to open in September 2016, four years earlier than envisioned under the agency's previous plan.
  • Knik Arm Bridge and Toll Authority – Knik Arm Crossing.  Key member of the team assisting KABATA on the structuring, formation and procurement of this approximately $850 million toll bridge and highway project.  The project will more efficiently link the Port of Anchorage with Point MacKenzie – currently 90 miles apart.  It includes a 1.75-mile bridge across the Knik Arm of the Cook Inlet and 18 miles of road to integrate the bridge into the region's transportation infrastructure. Originally intended as the first PPP transportation project proposed in Alaska, the state legislature reverted to a public financing and design-build model in 2014. Prior to this decision, Mr. Caplicki assisted on various aspects of the project, including legal and commercial issues, procurement and contract documents, and review and integration of technical provisions.
  • Utah Department of Transportation – I-15 CORE.  Member of the team advising UDOT on this project.  The $1.7 billion Utah County I-15 Corridor Expansion was completed in an unprecedented 35 months – the fastest public highway project of its size in U.S. history.  The 24-mile design-build project added two travel lanes on I-15 in each direction, rebuilt or replaced 63 bridges and 10 freeway interchanges, and replaced the existing roadway from Lehi to Spanish Fork with 40-year concrete pavement without decreasing the number of lanes during the majority of construction.  I-15 CORE was completed $260 million under budget.  Construction began in April 2010 and wrapped up in December 2012 – two years ahead of schedule.  Nossaman assisted UDOT with project procurement and contract documents.  With the Firm's guidance, the agency selected the proposer that offered the best value for a fixed price.

    The I-15 CORE project won numerous awards in 2013, including a DBIA National Design-Build award and the AASHTO American's Transportation Awards Grand Prize.

  • San Francisco Bay Area Water Emergency Transportation Authority – Water Transportation System.  Member of the team serving as general counsel to WETA.  Established in 2007, WETA is the statutory regional water transit authority that coordinates publicly operated ferry services.  As general counsel to WETA, Nossaman negotiated agreements between the agency and the public operators of ferry services that resulted in the transfer of vessels, facilities and equipment to WETA.  In addition, the Firm negotiated and drafted procurement documents for the construction of new ferry vessels and the first new ferry terminal in the Bay Area in more than 50 years.  Mr. Caplicki has been actively involved in the procurement and contracting for the ferries and facilities.

Awards & Honors

AV Preeminent® Peer Review Rated by Martindale-Hubbell.
Bio Photo
Bio Photo

Practices

Education

J.D., Willamette University College of Law, 1995, Production Editor, Willamette Bulletin of International Law and Policy, 1994-1995

University of Washington, 1998, Certificate Program in Construction Management

B.A., University of Colorado at Boulder, 1992

Admissions

California

Colorado

Texas

Washington

Professional Affiliations

Design-Build Institute of America

American Bar Association

State Bar of California

Los Angeles County Bar Association

Washington State Bar Association

Awards & Honors

AV Preeminent® Peer Review Rated by Martindale-Hubbell.
     
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