Overview

Evan Caplicki guides public agencies through all stages of innovative infrastructure project development – 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., Evan provides clients extra depth through his extensive construction expertise. He holds a certificate in Construction Management in addition to his law degree, and 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.

Evan 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.

Experience

Experience

California High-Speed Rail Authority. Key member of the legal team advising on the high-speed train system connecting the state’s major urban centers. Nossaman is advising on the contract administration and claims mitigation strategies for the $1 billion design-build contract with Tutor Perini/Zachry/Parsons joint venture for the first 29-mile civil works section between Madera and Fresno and the $450 million design-build contract with a special-purpose entity of Ferrovial Agroman US Corp. for the 22-mile civil works section in Kern County. Evan’s work includes weekly risk management calls with the project team, contract administration strategy, and review and advice on correspondence and change orders.

State of California Legislature – State Capitol Building Annex. Leader of the legal team advising the Joint Rules Committee of the State of California, through the Legislative Counsel’s Bureau, with respect to two significant State Capitol Building projects. One project is the demolition and replacement of the Capitol’s 66-year-old Annex. The project is a $500 million undertaking and is being delivered through a construction manager at risk contract. The new Annex will bring modern design features, better accessibility, more efficient energy use, and increased safety to the Capitol. Our services include drafting the procurement and contract documents for both the architect and the construction manager at risk. We are also advising on a new Visitors/Welcome Center to be added to the West Wing of the Capitol. That project will create an enclosed underground queuing and events areas, security screening points and a visitor center with two exhibit halls, an orientation room, a docents lounge, and office space. The $40 million project is being delivered through a progressive design-build contract. We are drafting the procurement and contract documents for the project.

Orange County Transportation Authority – I-405 Improvement Project. Key member of the legal team engaged to advise on a project to add a general purpose lane and an express toll lane in each direction, as well as the conversion of an existing HOV lane in each direction, between SR 73 and I-605 in Orange County, California. The project, the largest highway upgrade in Southern California, will relieve pressure on one of the state’s most congested corridors. In November 2016, the Authority awarded a $1.2 billion design-build contract to a consortium led by OHL USA Inc. and Astaldi Construction Corp. Construction on the project, estimated to cost $1.9 billion overall, began in 2018. Evan’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 that advised 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. Construction began in May 2016 and the project is currently operational. Evan 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.

San Bernardino County Transportation Authority – I-10 Corridor Contract 1. Key member of the legal team advising on development, procurement and financing of a project to add tolled express lanes along a portion of the heavily traveled I-10 in San Bernardino County. The $600 million upgrade will feature 10 miles of managed lanes, with two tolled express lanes in each direction. The project used separate procurements for a design-build contractor, launched in December 2016 with the contract awarded in August 2018, and a toll services provider, initiated in January 2017 with the contract awarded in June 2018. Evan’s responsibilities include structuring the procurements, drafting the design-build procurement and contract documents, risk analysis, advising on federal and state requirements, facilitating proposal evaluations and administering the contracts.

Texas Department of Transportation – I-35E Managed Lanes. Leader of the legal team that advised 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 a $1.4 billion DBM contract with an Archer Western/Granite/LANE Construction Company joint venture. The project includes managed and general-purpose lanes, bridges and collector-distributor roads. Evan 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 (Lewis and Clark Bridge). Key member of the legal team that advised on a precedent-setting P3 for the development of a $1.18 billion, six-lane toll bridge across the Ohio River that opened in December 2016. The 8.5-mile-long, 2,500-foot cable-stayed East End Crossing (now known as Lewis and Clark Bridge), is a key piece of the $2.3 billion Ohio River Bridges Project – two bridges designed to provide safer, more reliable travel between Louisville, Kentucky and southern Indiana. East End was the first bridge procured via an availability payment P3 transaction in the United States. Among other industry firsts, it included the first availability payment debt to receive a flat investment-grade rating by both Standard & Poor’s and Fitch. At financial close was the first P3 transportation transaction not using TIFIA funds in its capital structure. Financing included $194.5 million in short-term bonds secured by milestone payments and $482 million in long-term bonds secured by availability payments. Nossaman assisted the Authority in contracting with a joint venture of Walsh/VINCI/Bilfinger for the approximately 35-year DBFOM project, which achieved procurement in record time. Evan was actively involved in the procurement and managing the proposal evaluations.

Central Puget Sound Regional Transit Authority – South-Link Extension. Leader of the legal team that advised 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. Evan helped develop procurement strategy and documents for a $169 million design-build contract with PCL Civil Constructors in 2012. The segment opened 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 includes 10.2 miles of heavy rail infrastructure and two stations. Evan 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 also assisted 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. The rail infrastructure project opened in June 2020.

California Department of Transportation – Presidio Parkway. Key member of the legal team that advised 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 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. Evan focused his efforts on the procurement side of the transaction, managing the process through selection of a preferred proposer.

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. Evan 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 that served as general counsel to this statutory regional water transit authority tasked with coordinating publicly operated ferry services. Nossaman’s work included 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. Evan was actively involved in procurement and contracting for the ferries and facilities.

Insights

Blog Posts

Speaking Engagements

Organizations

Community & Professional

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

Honors

Honors & Recognitions

Industry Professional Leadership Award, Design-Build Institute of America – Design-Build in Transportation Leadership Awards, 2016

Industries

Education

Admissions

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