Overview

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

Experience

Texas Department of Transportation – I-35 NEX Central Project. Key member of the legal team advising on the procurement of a proposed $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. Josh’s duties involve assisting with drafting procurement documents, including contract documents, and advising TxDOT in connection with communications with proposers and negotiating interagency agreements.

Texas Department of Transportation – 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 seven 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 TxDOT in connection with proposer meetings, responding to proposer questions and negotiating interagency agreements with stakeholders.

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.

Texas Department of Transportation – 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.

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.

Renewable Energy Projects. Counseled wind, solar and battery storage developers on compliance with development and permitting regulations in various Texas counties.

Insights

Publications

Speaking Engagements

Organizations

Community & Professional

American Bar Association

Austin Bar Association

Design-Build Institute of America - Legislative Committee

Practices

Industries

Education

Admissions

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