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 guides public agencies through all stages of the innovative infrastructure project development process – from delivery option selection through procurement and contracting, to contract administration and claims resolution.

In helping lay the foundation for some of the largest transportation projects in the U.S., Mr. Caplicki provides clients extra depth through his extensive construction expertise.  He holds a certificate in Construction Management in addition to his law degree, and has represented owners, contractors and subcontractors in public and private building projects during his career.  Before joining Nossaman, he worked at several well respected construction litigation firms.

Mr. Caplicki is also very active in the Design-Build Institute of America, chairing the Legal and Legislative Committee, co-chairing several of the group’s transportation conferences and teaching courses on contracts and risk management.

Representative Work

  • Orange County Transportation Authority – I-405 Improvement Project.  Key member of the legal team engaged as part of the Authority’s program management team to advise on procurement of a $900 million contract for a project to add a general purpose lane and a toll lane in each direction between SR 73 and I-605.  The project, one of the largest highway upgrades in Southern California, will relieve pressure on one of the state’s most congested corridors.  The Authority is expected to award a design-build contract in 2016 and construction is expected to begin the following year.  Mr. Caplicki’s role includes coordinating the legal and technical aspects of the procurement and contract documents.
  • Indiana Finance Authority – I-69 Major Moves 2020 Expansion Project.   Key member of the legal team advising on the state’s first best value design-build project, which will upgrade sections of the I-69 in Hamilton and Madison counties.  The $85 million project involves adding a third travel lane northbound and southbound as well as a southbound auxiliary lane, interchange improvements, bridge widening and pavement and structural enhancements.  IFA selected Milestone Contractors LP as the design-build contractor and the project reached commercial close in January 2016.  Substantial completion is expected in late 2017.  Mr. Caplicki has served as the project manager for the legal team, assisting with structuring the procurement, preparing the procurement and contract documents, coordinating the legal and technical aspects of the documents and facilitating the procurement process and evaluations.
  • City of Indianapolis – Marion County Justice Center.  Key member of the legal team that advised on all aspects of this innovative availability payment P3 project to consolidate the City's criminal justice functions into a single efficient center.  The plan, one of the first of its kind for a justice complex, called for $500 million of up-front design, construction and financing costs to shift to a private partner responsible for operating, maintaining and upgrading the facility for 35 years.  The 1.2-million-square-foot facility combined a new adult detention center with a community corrections facility, courthouse, sheriff's department offices and new surface parking facilities.  The City released an RFP to three shortlisted teams in June 2014 and selected a preferred bidder in December 2014.  After successfully completing negotiations with the bidder, the Mayor and City staff recommended awarding the project and advancing to commercial and financial close.  The City Council, however, decided not to move forward with the complex and cancelled the procurement.  Mr. Caplicki focused on addressing the intersection of technical issues with the legal procurement and contract issues associated with the project.  He also managed the proposal evaluation process.
  • Indiana Finance Authority – I-69 Section 5.  Key member of the legal team advising on a $370 million DBFOM availability payment P3 procurement and contract for Section 5 of this six-phase highway project.  The section, Indiana’s second availability payment project following East End Crossing, will run 21 miles between Bloomington and Martinsville, turning SR 37 into an interstate highway.  Improvements will include four new interchanges and four new overpasses and upgrades to existing interchanges and overpasses.  The agency awarded a contract to Isolux Infrastructure Netherlands B.V. in April 2014 and Section 5 reached financial close three months later.  The project, which utilized $244 million in PABs and $41 million in private equity, is scheduled to open by the end of 2016, several years ahead of schedule.  Mr. Caplicki was actively involved in managing the procurement and has been administering the contract.
  • Texas Department of Transportation – I-35E Managed Lanes.  Leader of the legal team advising on the 2012 procurement of a project to relieve traffic congestion along a 28-mile interstate corridor in Dallas and Denton counties.  Nossaman helped negotiate an $845 million DBM contract with an Archer Western/Granite/LANE Construction Company joint venture.  The project, which includes managed and general purpose lanes, bridges and collector-distributor roads, is scheduled for completion in mid-2017.  Mr. Caplicki advised the agency on the procurement and commercial structure of the transaction, led the drafting of the procurement and contract documents and facilitated the procurement and evaluations.
  • Indiana Finance Authority – East End Crossing.  Key member of the legal team advising on a precedent-setting P3 procurement for a $1.18 billion, six-lane toll bridge across the Ohio River.  Scheduled for completion in 2017, the project broke new ground as the first P3 transportation deal that does not use TIFIA funds in its capital structure and the largest PAB issue for a P3 transportation project in the U.S.  It also features the first P3 availability payment project debt to receive a “flat” investment-grade rating from both Standard & Poor’s and Fitch.  The Authority contracted with a joint venture of Walsh/VINCI/Bilfinger for the DBFOM project, which achieved procurement in record time.  Financing includes $194.5 million in short-term bonds secured by milestone payments and $482 million in long-term bonds secured by availability payments.  Mr. Caplicki was actively involved in the procurement and managing the proposal evaluations.  In 2015, East End Crossing won the International Road Federation’s “Global Road Achievement Award for Project Finance and Economics.”  The bridge earned P3 Bulletin International’s “Best Global Road Project” and “Best Global Infrastructure Project” honors in 2014.  The structure captured several awards in 2013: The Bond Buyer named it “Deal of the Year” – a first for a P3 transaction.  The American Road and Transportation Builders Association honored the bridge as “P3 Project of the Year,” and Project Finance International selected it as “Americas Transportation Deal of the Year.”  Project Finance magazine highlighted it as “North American Project Bond Deal of the Year,” and Partnerships Bulletin honored East End with “Projects Grand Prize” and “Gold Prize” for best P3 road project.  The same year, Infrastructure Journal named the project a finalist for “Transport Deal of the Year.”
  • Central Puget Sound Regional Transit Authority – South-Link Extension.  Leader of the legal team advising the transit agency on a 1.6-mile light rail segment to run south from Washington’s Sea-Tac Airport on an elevated guideway.  The project includes an Angle Lake Station at South 200th Street, passenger platforms with covered waiting areas, a transfer area for bus connections, passenger pickup and drop-off areas and vanpool parking.  Mr. Caplicki helped develop procurement strategy and documents for a $169 million design-build contract with PCL Civil Constructors in 2012.  The segment is scheduled to open in September 2016, four years earlier than envisioned under the agency’s previous plan. 
  • Santa Clara Valley Transportation Authority – BART Silicon Valley Berryessa Extension.  Key member of the legal team serving as special design-build counsel on the first phase of a $2.3 billion Bay Area Rapid Transit system extension into the Silicon Valley.  The project, under construction and scheduled for completion in 2016, includes 10.2 miles of heavy rail infrastructure and two stations.  Mr. Caplicki assisted in structuring the design-build procurement and drafting the procurement and contract documents for a $722 million 2011 agreement with a Skanska/Shimmick/Herzog joint venture.  The team continues to assist VTA in contract administration and negotiation of arrangements for BART to provide train cars as well as operations and maintenance services for the new line.
  • California Department of Transportation – Presidio Parkway.  Key member of the legal team advising on a $1.1 billion project to rebuild a spectacular natural gateway linking the Golden Gate Bridge with the City of San Francisco.  The parkway, which traverses an environmentally sensitive national park and a national historic landmark district, was the first procurement under California’s P3 law and only the third highway improvement developed under an availability payment P3 in the U.S.  Financing for the project, awarded to a Hochtief/Meridiam joint venture, included $45.6 million in equity, $166.6 million in senior bank loans and a $150 million TIFIA loan.  Mr. Caplicki focused his efforts on the procurement side of the transaction, managing the process through selection of a preferred proposer. The project, which opened to traffic in July 2015, captured many honors: “Americas P3 Deal of the Year” from Project Finance International; “North American P3 Deal of the Year” from Project Finance magazine; “P3 Project of the Year” from the American Road and Transportation Builders Association; “Best Real Estate Deal of the Year” from San Francisco Business Times; and finalist for “Best Global Transport Project of the Year” from P3 Bulletin.
  • Utah Department of Transportation – I-15 CORE.  Key member of the legal team that advised on procurement of a $1.1 billion design-build contract for a project that alleviated severe traffic on a 24-mile stretch of the I-15 in the Salt Lake City area.  Known as the Utah County I-15 Corridor Expansion, the project added two travel lanes in each direction and rebuilt or replaced 63 bridges and 10 freeway interchanges.  It also replaced the existing roadway from Lehi to Spanish Fork with 40-year concrete pavement without cutting the number of lanes during the work.  Construction on the project – the fastest public highway upgrade of its size in U.S. history – began in April 2010 and wrapped up in December 2012, two years ahead of schedule and $260 million under budget.  Mr. Caplicki assisted the Department with procurement and contract documents relating to an agreement with a Fluor-led joint venture to develop the project.  The roadway transformation won numerous honors including the DBIA National Design-Build award and AASHTO America’s Transportation Awards Grand Prize, both in 2013.
  • San Francisco Bay Area Water Emergency Transportation Authority – Water Transportation System.  Key member of the legal team serving as general counsel to this statutory regional water transit authority tasked with coordinating publicly-operated ferry services.  Nossaman’s work includes negotiating agreements between the agency and public operators of ferry services that led to the transfer of vessels, facilities and equipment to WETA.  The Firm also 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 procurement and contracting for the ferries and facilities.

Awards & Honors

AV Preeminent® Peer Review Rated by Martindale-Hubbell.

Edmund (Evan) V. Caplicki, III
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: Chair of Legal and Legislative Committee; Member of Transportation Markets Committee; Co-Chair of 2012 and 2014 Design-Build in Transportation conferences; Co-Chair of 2013 Design-Build Conference and Expo; Instructor of Contracts and Risk Management course

State Bar of California

Washington State Bar Association

American Correctional Association

Awards & Honors

AV Preeminent® Peer Review Rated by Martindale-Hubbell.

     
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