Matthew Bernardo

Representative Work

A selected description of Matthew's infrastructure experience while at Gowling WLG includes:

• Counsel to a project consortium in respect of its pursuit of the Ontario Line North – Pape Tunnels and Underground Stations Project, delivered under the Progressive Design-Build model (Co-Lead)
• Counsel to a project consortium in respect of its pursuit of the Ontario Line North – Elevated Guideway and Above Ground Stations Project, delivered under the Progressive Design-Build model (Co-Lead)
• Advised a project company, contractor and O&M service provider in the successful negotiation of a design-build-own-operate-maintain (DBOOM) project agreement for a compressed air and chilled water supply facility to serve a major new industrial facility in Windsor, Ontario

Prior to joining Gowling WLG, Matthew's experience included:

• Advising (as in-house counsel) Acciona Infrastructure Canada in its consortium pursuit of the Scarborough Subway Extension – Stations Rail and Systems project under the Progressive Design-Build model
• Advising (as in-house counsel) Acciona Infrastructure Canada in its consortium pursuits of two Toronto based transit tunnel projects, each under the Design-Build Finance model
• Advising Acciona North America (as in-house counsel) in respect of the company's pursuit of various major infrastructure projects in Georgia (highway), Louisiana (bridge), and California (high speed rail and associated infrastructure)
• Advised to Infrastructure Ontario and Metrolinx in the multi-site Lakeshore West Infrastructure Improvements design-build-finance Project.
• Advised a major UK based online grocery chain and technology company in the design and construction of its first North American automated order fulfilment warehouse for a major Canadian grocery chain (lead counsel).  
• Counsel to the equity sponsors in a consortium bid for the Darlington Nuclear Water Treatment Plant design-build-finance-operate & maintain project (lead counsel).
• Advised Metrolinx on the Early Stations Improvements design-build Project, a program consisting of key early-stage station and infrastructure improvements at approximately 30 GO Transit Stations throughout the greater Toronto Area.  Mandate included a complete overhaul and update of Metrolinx' design-build contract model and procurement documents, representing Metrolinx at commercially development meetings and brining the project to a successful close (lead counsel).
• Advised Infrastructure Ontario and Metrolinx in the 401 highway rail-tunnel P3/AFP project, involving the design, construction and financing of a 170-meter-long rail tunnel under Canada's busiest highway, with a contract value of C$115 million, including working closely with the sponsors to develop the RFP and project agreement documents, representing the sponsors at commercially confidential meetings and coordinating closing of the transaction. 
• Advised to Infrastructure Ontario and Metrolinx in the Finch West Light Rail Transit project, involving the design, construction, financing and maintenance concession for the new 11 km, 18 stop transit line in Toronto, with an anticipated value of C$2.5 billion.  
• Advised The Regional Municipality of Waterloo regarding the request for proposals, and subsequent project agreement with a private sector consortium, to design, build, finance, operate and maintain the region's ION™ stage 1 light-rail transit system.
• Counsel to a general contractor in a successfully resolved dispute with the owner in respect of the phased handback of completed segments of a major urban transportation station.
• Counsel to a land development consultant in respect of the drafting of a proprietary in-house contract for land development engineering projects
• Advised a contractor/construction manager in respect of the construction management delivery of a healthcare convalescent facility north of Toronto.
• Counsel to a rooftop solar investor in respect of the negotiation and drafting of a master purchase agreement and EPC contracts for the construction and subsequent transfer, on a turnkey basis, of multiple FIT program compliant rooftop solar installations.