Josh Burke

Josh Burke advises public agencies on the procurement and development of major infrastructure projects through alternative delivery methods. He assists with procurement and contract document preparation and counsels clients on communications and negotiations with proposers and project stakeholders.

Josh has substantial experience working within diverse groups to solve problems and resolve issues. As a result, he brings a collaborative approach to the multi-disciplinary procurement teams on which he serves. Prior to joining Nossaman, Josh practiced real estate law and advised clients on a wide variety of real estate development matters, including purchase and sale agreements, financing arrangements, leases and land use regulations.

Experience

Texas Department of Transportation Projects – I-35 NEX Central Project. Key member of the legal team that advised on the procurement of an approximately $1.5 billion design-build-maintain project for the design, construction and maintenance of I-35 from the I-35/I-410 North interchange to FM 3009 and of connected portions of I-410 North and Loop 1604. The contract closed in July 2021. Josh assisted with drafting procurement documents, including contract documents and advised the Department in connection with communications with proposers and negotiating interagency agreements.

Texas Department of Transportation Projects – Oak Hill Parkway Project. Key member of the legal team that advised on the procurement of an approximately $667 million design-build contract to design and construct 7 miles of non-tolled improvements along US 290 from Circle Drive to Loop 1 (Mopac) and along SH 71 from US 290 to Silvermine Drive. The contract closed in August 2020. Josh assisted with drafting procurement documents and preparations for closing and also advised the Department in connection with proposer meetings, responding to proposer questions and negotiating interagency agreements with stakeholders.

Texas Department of Transportation Projects – North Tarrant Express Segment 3C. Key member of the legal team that advised on the addition of a $750 million expansion segment to the Facility Agreement for NTE Segments 3A & 3B. Josh assisted with preparations for commercial and financial close and the drafting and review of ancillary closing documents. The parties achieved financial close in August 2019. The project was awarded the 2019 “Americas Project of the Year” in the road category by IJ Global.

Maryland Transit Administration and Maryland Department of Transportation – Purple Line Light Rail. Member of the legal team that advised Maryland on the concessionaire’s reprocurement of a design-build contract to complete the Purple Line Light Rail project, an approximately $2 billion (capital cost) project that will significantly facilitate mobility between the Maryland suburbs and Washington D.C. Josh assisted with contract document development and drafting.

Metropolitan Transit Authority of Harris County, Texas – Automated Fare Collection System. Key member of the legal team advising on an automated fare collection system contract to replace METRO’s current system with an open, account-based system for its light rail, local bus, commuter bus and paratransit services that will provide customers with an expanded retail network and mobile application system that will integrate with future fare collection systems and enable interoperability with regional partners. Josh assisted with the development of contract provisions to address federal requirements.

City of Austin Department of Aviation - Austin Bergstrom International Airport Capital Improvement Program. Member of the legal team that advises the airport in developing plans and strategies for the procurement, delivery, financing, operation and maintenance of the projects included in the airport’s approximately $4 billion capital improvement plan. Josh played a key role in preparing a detailed analysis of the airport’s legal authority to utilize various delivery methodologies and funding mechanisms for capital improvement projects.

Publications

Blog Posts

Speaking Engagements

Community & Professional

American Bar Association

Austin Bar Association